Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws and Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Alert: Revised Form I-9 Now Available

December 12th, 2016|Categories: Human Resources Compliance, Laws and Regulations, Mary E. (Beth) O'Neal|

On November 14, 2016 USCIS released a revised version of Form I-9, Employment Eligibility Verification. While employers may continue using Form I-9 with a revision date of 03/08/2013 N. through January 21, 2017, by January 22, 2017, employers must use the revised form. Form I-9 may be Downloaded for Easier Use The new Form

New Transgender Anti-Discrimination Law – What You Need to Know

September 20th, 2016|Categories: Daryl K. Zules, Discrimination & Harrassment, Human Resources Compliance, Laws and Regulations, Thomas J. Gallitano|

On July 6, 2016, Governor Charles D. Baker signed into law Senate Bill 2407: An Act relative to transgender anti-discrimination, codified at G.L. c. 272 §§ 92, 92A, and 98. Effective October 1, 2016, this new law formally prohibits discrimination on the basis of gender identity in places of public accommodation. Gender identity is now

Massachusetts Passed Unprecedented Pay Equity Legislation. What Employers Should Know

August 5th, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws and Regulations, MCAD & EEOC, Wage & Hour|

On August 1, 2016, Massachusetts Governor Charlie Baker signed into law the Act to Establish Pay Equity (the “Act”) which becomes effective July 1, 2018. The Act makes three significant changes to existing law. First, and most importantly, it prohibits employers from inquiring about a prospective employee’s salary history. This is a groundbreaking provision –

Non-Competition Agreement Reform Will Have to Wait Until Next Year…Again

August 3rd, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws and Regulations, Noncompete Agreements|

“Wait ‘til next year,” the unofficial slogan of fans of the Brooklyn Dodgers, is becoming equally applicable to proponents of reform to Massachusetts law concerning non-competition agreements. Massachusetts legislators have filed bills every year since 2009. Each has failed to be enacted into law. This year looked like it would be the year. The House

Major Revisions to Federal Trade Secrets Law Now in Effect – Defend Trade Secrets Act of 2016 Signed by President Obama

May 17th, 2016|Categories: Intellectual Property, Katherine Kelter, Kathleen O'Toole, Laws and Regulations, Litigation, Trade Secrets|

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). This law substantially revises federal trade secret practice in the United States. Most notably, the DTSA creates a mechanism for private civil trade secret claims to be pursued directly in federal court. The law is also significant for

Update: 1st Circuit Denies FedEx Drivers’ Petition to Reconsider Decision that FAAAA Preempts the Massachusetts Independent Contractor Statute

April 28th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, Independent Contractor, Laws and Regulations, Wage & Hour|

Last month, Alexis P. Theriault wrote about the First Circuit’s decision in Schwann v. FedEx Ground Package System, Inc. In Schwann, the First Circuit held that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts a portion of the Massachusetts independent contractor statute, thereby making it easier for delivery services – like FedEx – to

A Chink in the Armor of the Massachusetts Independent Contractor Law

March 17th, 2016|Categories: Alexis P. Theriault, Independent Contractor, Laws and Regulations, Wage & Hour|

Massachusetts has one of the most employee-friendly independent contractor laws in the country, creating a heavy presumption of employee status. For a refresher on the law and whether a worker should be classified as an employee or an independent contractor, you should refer to Johanna Matloff’s and Adam Santeusanio’s detailed discussion of the Massachusetts Independent

DOL’s Expansive View of Joint Employment – It’s Not Limited to Control

March 15th, 2016|Categories: Alexis P. Theriault, DOL, FLSA, Laws and Regulations|

Employers should be aware of U.S. Department of Labor Administrator’s Interpretation No. 2016-1, recent guidance discussing joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The Interpretation highlights that joint employment has become more common in recent years, and describes in detail the Wage and

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