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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

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

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

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

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

Deductions For Paid Family And Medical Leave Suspended For Three Months

The Massachusetts House and Senate, and the Administration of Gov. Charlie Baker issued a joint announcement today, saying that the beginning of deductions under the state Paid Family and Medical Leave law will be suspended...more

Draft Regulations Interpreting Massachusetts Paid Family And Medical Leave Law Provide Help, But Some Questions Unanswered

The Massachusetts Executive Office of Labor and Workforce Development has issued draft regulations concerning the state’s new Paid Family and Medical Leave law, which was enacted in June 2018. A substantial portion of the...more

Massachusetts “Grand Bargain” Is Not So “Grand” For Employers

On June 28, 2018, Massachusetts Governor Charlie Baker signed into law An Act relative to minimum wage, paid family medical leave and the sales tax holiday, compromise legislation also known as the “Grand Bargain.” The new...more

DOL Provides New Guidance On Independent Contractor Relationships

One of the first acts of Alex Acosta after he was sworn in as Secretary of Labor was to withdraw the U.S. Department of Labor’s 2015 Administrative Interpretation on independent contractors. The 2015 Administrative...more

The New Massachusetts Paid Family Medical Leave Law

Since 1993 the federal Family and Medical Leave Act has required employers with 50 or more employees to provide unpaid leave to eligible employees for qualifying reasons. Massachusetts now joins a small but growing number...more

Overtime Plaintiffs Get Legal Smackdown (Suspended)

Remember the 2016 Overtime Rule? They sued over that? Last summer, I wrote about Alvarez v. Chipotle Mexican Grill, Inc., a class and collective action alleging that Chipotle violated the Overtime Rule issued by the Obama...more

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