Minimum Wage in Massachusetts Increases to $11.00 per hour on January 1, 2017

December 30th, 2016|Categories: Wage & Hour|

On January 1, 2017, the minimum wage in Massachusetts will increase to $11.00 per hour. This increase will occur as a result of the minimum wage increase passed by the Massachusetts Legislature in July of 2014.Under the new law, all employees in Massachusetts must be paid a minimum of $11.00 per hour, including tipped employees.

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 –

Attorney General Healey Joins Multi-State Fight Against National Retailers’ Use of “On-Call” Shifts

June 8th, 2016|Categories: Adam M. Santeusanio, Wage & Hour|

Introduction In April 2016, Massachusetts Attorney General Maura Healey joined eight other state attorneys general in sending out information and document requests to large, national retail chains that assign their employees to work “on-call” shifts. This multi-state effort comes on the heels of New York Attorney General Eric Schneiderman’s largely successful 2015 campaign to

DOL Issues Final FLSA Regulations, Increasing Exemption Threshold

May 18th, 2016|Categories: Anthony Bova, DOL, FLSA, Human Resources Compliance, Wage & Hour|

UPDATE – In our blog post on July 14, 2015, we described the Department of Labor’s proposed updates to the FLSA’s overtime regulations. As of today, May 18, 2016, President Obama and Secretary of Labor Thomas Perez announced the publication of the DOL’s final rule updating the overtime provisions, which will now extend automatically to

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

Update to Expected Increases in Minimum Salary Levels for Exempt Employees

April 16th, 2016|Categories: DOL, FLSA, Human Resources Compliance, Mary E. (Beth) O'Neal, Wage & Hour|

We last wrote about the expected increases in to the minimum exemption salaries in our blog post from July 14, 2015. Since that time, the increases have not been enacted, but are getting closer. Recap The DOL has proposed new regulations increasing the salary basis applicable to exempt employees under the FLSA, as well as

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

What Employers Need to Know If “An Act to Establish Pay Equity” Becomes Law

February 17th, 2016|Categories: Anthony Bova, Human Resources Compliance, Laws and Regulations, MCAD & EEOC, Wage & Hour|

On January 28, 2016, the Massachusetts Senate unanimously passed S. 2107: “An Act to Establish Pay Equity” (the “Act”), which would lower the threshold for employees to litigate gender-pay inequality claims. The Act, which would replace G. L. c. 149, § 105A in its entirety, would allow employees to discuss wages with one another and

Who’s in Charge? Burgers, Donuts, & the Bona Fide Executive Exemption to the FLSA’s Overtime Pay Requirements

February 3rd, 2016|Categories: Adam M. Santeusanio, FLSA, Johanna Matloff, Laws and Regulations, Wage & Hour|

The First Circuit recently held that a material factual dispute existed as to whether store managers employed by Dunkin’ Donuts qualified as “bona fide executives” under the Fair Labor Standards Act (“FLSA”), and as such, were exempt from the FLSA’s overtime requirements. Marzuq v. Cadete Enters., 807 F.3d 431 (1st Cir. 2015) (hereinafter Dunkin’

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