As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”) recently rescinded, via Memorandum GC...more
In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more
In the latest episode of the Mintz on Air: Practical Policies Podcast, Member Jen Rubin hosts a conversation on the status and enforceability of non-compete agreements. This episode is part of a series of conversations...more
The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” burden of proof applies in determining whether an employee is exempt under the federal Fair Labor...more
By now you have probably heard of the Federal Trade Commission (FTC)’s rule to ban most post-employment non-compete agreements... While much of the conversation has naturally focused on the rule’s significant impact on...more
The U.S. Department of Labor (the “DOL”) recently issued a final rule (the "2024 Rule") which reverts the independent contractor analysis back to a multifactor, totality-of-the-circumstances review that, as compared to the...more
Massachusetts is on track to join the growing number of jurisdictions, among them California (as we discuss here), Colorado, New York (discussed here), and Washington, in passing wage transparency legislation. While some...more
The U.S. Supreme Court recently held that an employee who earned in excess of $200,000 annually was entitled to overtime pay because he did not qualify for the FLSA’s highly compensated employee exemption. This decision –...more
3/6/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
The U.S. Court of Appeals for the First Circuit recently clarified the test to evaluate the application of an often-utilized administrative exemption from the FLSA’s overtime requirements.
Specifically, in Walsh v. Unitil...more
The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held in Devaney v. Zucchini Gold that employees who prove only a violation of the federal Fair Labor Standards Act (“FLSA”) are not...more
The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times...more
In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls.
Remember that wage and hour...more
No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more
2016 Massachusetts Employment Law Year in Review -
From case law interpreting one of, if not, the most employee-friendly independent contractor statute in the country to Beacon Hill’s efforts to pass non-competition...more
Just before Thanksgiving, a Texas federal court judge issued an injunction blocking the closely-watched new federal overtime rule from taking effect as scheduled on December 1, 2016. As expected, the DOL is not going quietly...more