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Oh, thank heaven! 7-Eleven franchisees were not misclassified “employees,” MA high court rules

The Supreme Judicial Court of Massachusetts, answering a certified question, has ruled that five 7-Eleven franchisees were independent contractors, not misclassified “employees,” under the Massachusetts Independent Contractor...more

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Court denies injunction in case involving DOL salary regs

In our most recent bulletin on the new Final Rule increasing salary levels for exempt white-collar employees under the Fair Labor Standards Act, we noted that there was an additional challenge to the new regulations and that...more

New salary level is coming for exempt white-collar employees, unless...

The new salary level regulations issued by the U.S. Department of Labor will take effect July 1. On that date, the salary threshold for white-collar exemptions from the overtime requirements of the Fair Labor Standards Act...more

USDOL finalizes new increases in minimum salaries for white-collar exemptions

The U.S. Department of Labor has issued final regulations that increase the minimum salary level needed for the white-collar exemption and the annual compensation threshold needed to be considered a Highly Compensated...more

Independent Contractor Rule: The 6 “economic reality” factors

On January 9, the U.S. Department of Labor issued its Final Rule addressing how to determine whether a worker is properly classified as an “employee” or as an “independent contractor” under the Fair Labor Standards Act. ...more

DOL issues Final Rule on independent contractors under the FLSA

Yesterday the U.S. Department of Labor issued a Final Rule addressing how to determine whether a worker is properly classified as an “employee” or an “independent contractor” under the Fair Labor Standards Act....more

Massachusetts makes changes to Paid Family and Medical Leave Act

Changes have been made to the Massachusetts Paid Family and Medical Leave Act, one of which will take effect on November 1. The PFMLA, which took effect on January 1, 2021, generally provides parents and caregivers the...more

Beware of MA penalties if you miss payroll – even if it’s due to a bank failure

On Friday, March 10, the Federal Deposit Insurance Corporation announced that it had closed the Silicon Valley Bank and taken control of its deposits. In its announcement, the FDIC said that insured depositors would have...more

The nomination of Julie Su as Secretary of Labor – What will it mean for employers?

President Biden has announced that he will nominate Julie Su to succeed outgoing Secretary of Labor Marty Walsh. As we have previously reported, Mr. Walsh will leave his post in mid-March to become the Executive Director of...more

Yes, you can you make $200K a year and still get overtime, SCOTUS says

On Wednesday, the U.S. Supreme Court issued its long-awaited decision in Helix Energy Solutions, Group, Inc. v. Hewitt, deciding that a supervisor who was paid a daily rate and earned more than $200,000 a year was not exempt...more

The DOL’s proposed independent contractor regulations: What will change?

On Tuesday, we published a bulletin noting that the U.S. Department of Labor had issued proposed regulations on determining whether a worker was an “employee” or an “independent contractor” for purposes of the federal Fair...more

USDOL releases proposed regulations on independent contractors

Tuesday morning, the U.S. Department of Labor issued proposed regulations addressing whether a worker is an “employee” or an “independent contractor” under the Fair Labor Standards Act. We are reviewing the proposal now and...more

Update On Challenges To The OSHA Vaccine ETS

As most of our readers know, the Occupational Safety and Health Administration issued an Emergency Temporary Standard on November 5 that required most employers with 100 or more employees to require virtually all of their...more

Massachusetts Emergency Paid Sick Leave For COVID-19 Is Extended Until April 1, 2022

Massachusetts Gov. Charlie Baker (R) has signed into law legislation that will extend until April 1, 2022, the state’s Emergency Paid Sick Leave for reasons related to COVID-19. The leave, which was due to expire yesterday,...more

Biden DOL Officially Withdraws Trump Administration Independent Contractor Rule

On January 7, the outgoing Trump Administration published regulations that set forth new, more “business-friendly” standards for determining whether a worker was an independent contractor or an employee. The regulations were...more

What Boston Mayor Marty Walsh May Bring To The Table As Secretary Of Labor

On January 7, President-elect Joe Biden, a self-described “union man,” announced that he had nominated Boston Mayor Marty Walsh (D), a former union leader, to serve as the nation’s next Secretary of Labor. If confirmed, Mayor...more

Emergency Regulations Issued On MA Paid Family And Medical Leave Law

On December 21, the Director of the Massachusetts Department of Family and Medical Leave issued emergency regulations interpreting the Paid Family and Medical Leave law. Most of this bulletin comes directly from the emergency...more

Creating A “Leave Administrator” Under Massachusetts Paid Family And Medical Leave Program

The Massachusetts Department of Family and Medical Leave has sent out the following bulletin to employers regarding their responsibility to select a Leave Administrator to interface with the state in administering the Paid...more

Part Of DOL’s “Joint Employer” Rule Is Declared Unlawful By Federal Court

On September 8, a federal judge in the Southern District of New York vacated a portion of the U.S. Department of Labor’s regulations narrowing the scope of “joint employer” status under the Fair Labor Standards Act. According...more

Massachusetts Releases Amended Proposed Paid Family And Medical Leave Regulations

In 2019, the Massachusetts Legislature passed a Paid Family and Medical Leave Law. The law provides for 12 weeks of paid family leave per benefit year, 20 weeks of paid medical leave for the worker’s own serious health...more

Massachusetts Orders Closure Of AllNon-essential Businesses And Implements Emergency Unemployment Regulations To Combat COVID-19

As the number of confirmed coronavirus cases balloons across the country, Massachusetts Governor Charlie Baker (R) issued an executive order today ordering the closure of all physical premises and operations for companies...more

DOL’s Final Rule On “Joint Employer” Status Is Even Narrower Than The Proposed Regulations

On April 1, 2019, the U.S. Department of Labor issued proposed regulations clarifying its interpretation of joint employer status under the Fair Labor Standards Act. This past Sunday, the DOL issued a Final Rule, which will...more

What Employers Need To Know About The New Overtime Exemption Regulations

Last week, the U.S. Department of Labor issued its Final Rule regarding the salary thresholds that apply to certain exempt white-collar employees. The new salary thresholds will take effect on January 1. The DOL received...more

More Details On Massachusetts Paid Family And Medical Leave Law Implementation

On June 14, the Massachusetts Department of Family and Medical Leave issued more details regarding the delay in the start of employer and employee contributions to the Paid Family and Medical Leave program. As we reported...more

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