Deadlines Extended for Paid Family and Medical Leave Notification and Exemption Requirements

2019-05-09T14:57:29+00:00 May 9th, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|Tags: , , |

On May 1, the Department of Family and Medical Leave (“Department”) extended two deadlines for employer obligations in complying with Paid Family Medical Leave Act, G. L. c. 175M (“Act”). First, the deadline for providing written notice to employees of the rights and benefits available under the Act has been

Guidance Released on Notifying Employees of Paid Family and Medical Leave by May 31, 2019

2019-04-23T13:41:26+00:00 April 23rd, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|Tags: , , |

On April 18, the Department of Family and Medical Leave (“Department”) released guidance on the notifications that must be provided to employees under the Paid Family Medical Leave Act, G. L. c. 175M (“Act”), by May 31. The guidance lists the information that must be included in the notice, which

UPDATE: Massachusetts Issues Draft Regulations for Paid Family Medical Leave Act

2019-04-10T19:20:04+00:00 April 10th, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|Tags: , , |

On March 29, the Department of Family and Medical Leave (“Department”) issued updated draft regulations that further expand upon the Paid Family Medical Leave Act (“Act”), G. L. c. 175M. The Department released an initial draft on January 23, which we covered in a prior post, in advance of listening sessions to be held

When Does a Competitive Business Practice Become Actionable under Chapter 93A, § 11?

2019-04-08T17:09:46+00:00 April 8th, 2019|Categories: Business Litigation, Johanna Matloff, Julie L. Martin, Laws & Regulations, Litigation|Tags: , , |

Chapter 93A, § 11 provides a right of action to persons engaged in business who suffer a loss of money or property as a result of unfair methods of competition, or unfair or deceptive acts or practices, used by another business in Massachusetts. An aggrieved business may recover its actual

It Recently Got a Bit More Confusing for Massachusetts Employers of Tipped Employees

2019-03-13T15:03:31+00:00 March 13th, 2019|Categories: Labor Law & NLRB, Laws & Regulations, Mary E. (Beth) O'Neal, Wage & Hour|

With the recent increase of minimum wage rates of pay in Massachusetts, the publishing of guidance from the Attorney General related to minimum wages for tipped employees, and the absence of an exemption from overtime for restaurant employees, things are a bit complicated these days relative to tipped employees.

Department of Labor Proposes Rule to Extend Overtime Eligibility to One Million Workers

2019-03-12T20:42:45+00:00 March 12th, 2019|Categories: Brian J. Killoy, DOL, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, Wage & Hour|

The Department of Labor (“DOL”) has issued its much-anticipated proposed rule on the minimum salary level for an employee to potentially qualify as exempt from overtime eligibility under the Fair Labor Standards Act (“FLSA”). Since a federal district court enjoined the Obama administration's own proposal in late 2016, industry watchers had been anxiously waiting

Massachusetts Issues Draft Regulations for Paid Family Medical Leave Act

2019-02-06T21:04:39+00:00 February 6th, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|

On January 23, the Department of Family and Medical Leave (“Department”) issued draft regulations expanding upon the Paid Family Medical Leave Act (“Act”), G. L. c. 175M, which was enacted last June. As we previously reported, the Act provides that nearly all employees will be eligible for up to 20

Update: Massachusetts Department of Family and Medical Leave Issues FAQ Guidance on Commonwealth’s Paid Family and Medical Leave Act.

2018-11-26T19:51:34+00:00 November 26th, 2018|Categories: Christopher Sweeney, FMLA, Laws & Regulations|

Back in June, we reported on the enactment of the Paid Family Medical Leave Act. The Act provides that beginning on January 1, 2021, nearly all private sector employees will be eligible annually for up to 12 weeks of paid, job-protected family medical leave and up to 20 weeks of

First Circuit Joins Sister Circuits Approving Burden-Shifting Approach to Proving Causation in ERISA Fiduciary-Breach Claims

2018-11-06T20:26:12+00:00 November 6th, 2018|Categories: Johanna Matloff, Laws & Regulations|Tags: |

Ordinarily, the burden of proof rests with the plaintiff. However, in Brotherston v. Putnam Investments, LLC, the First Circuit joined three of its sister circuit courts and held that the burden of proof in an ERISA fiduciary-breach case shifts to the defendant fiduciary to prove that its breach did not

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