Newspaper Carriers are Employees, Not Independent Contractors, Mass Appeals Court Holds
The Massachusetts Appeals Court has deemed newspaper delivery drivers of a Braintree distributor to be employees, not independent contractors, under state law.
Massachusetts Bill Aims to Bar Waivers of Rights Related to Harassment, Discrimination, and Wage and Hour Claims in Employment Contracts
Waivers of rights arising from harassment and discrimination claims and disputes over wages and benefits may not be enforceable in Massachusetts for much longer.
Board Members and Investors Not Subject to Personal Liability Under Massachusetts Wage Act
In the last days of 2017, the Massachusetts Supreme Judicial Court (“SJC”) gave board members and investors of corporations and LLCs some cause for celebration. In Segal v. Genitrix, LLC, SJC-12291 (Mass. Dec. 28, 2017), the Court held that board members and investors cannot be held personally liable for their
Employers Not Required to Pay Unused Sick Time under the Wage Act
Earlier this week, the Massachusetts Supreme Judicial Court (“SJC”) provided some clarity for employers about accrued sick time.
Minimum Wage in Massachusetts Increases to $11.00 per hour on January 1, 2017
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
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
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
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
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