President Donald Trump has swiftly signed several immigration-related executive orders and implemented other immigration initiatives since his inauguration. These executive orders and policy changes have the stated intent to...more
2/26/2025
/ Audits ,
Compliance ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Employment Policies ,
Executive Orders ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Popular ,
USCIS
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
Effective November 1, 2023, the Massachusetts Department of Family and Medical Leave (the “Department”) required employers to permit an employee, in the employee’s sole discretion, to supplement or “top off” their...more
The United States Equal Employment Opportunity (“EEOC”) has issued its final guidance on “Enforcement Guidance on Harassment in the Workplace,” the first of its kind in over 20 years. This final guidance builds on a variety...more
5/30/2024
/ Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Federal Trade Commission (FTC) ,
Final Guidance ,
Gender Identity ,
Minimum Salary ,
Non-Compete Agreements ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Protected Class ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Race Discrimination ,
Religious Accommodation ,
Remote Working ,
Retaliation ,
Sex Discrimination ,
Workplace Harassment Guidance
A Massachusetts Bankruptcy Court’s recent appellate decision in Blumsack v. Harrington (In re Blumsack) leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are...more
For the first time since 2021, the Center for Disease Control and Prevention (CDC) issued new guidance relaxing the quarantine requirements for COVID-19. The new guidance is the result of fewer COVID-related deaths and...more
3/27/2024
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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 Massachusetts Department of Family and Medical Leave (the “Department”) recently issued two updates to Massachusetts Paid Family and Medical Leave (“MA PFML”). The first update, effective November 1, 2023, offers...more
The U.S. Department of Labor (the “DOL”) recently announced a Notice of Proposed Rulemaking, which could make at least 3 million more lower-wage workers overtime-eligible....more
The Massachusetts Commission Against Discrimination (the “MCAD”) recently issued updated guidance (here and here) on the Massachusetts Parental Leave Act (“MPLA”), signaling that the MPLA still plays an important role in the...more
7/21/2023
/ Employee Benefits ,
Employer Liability Issues ,
Legislative Agendas ,
Medical Leave ,
New Guidance ,
Paid Leave ,
Parental Leave ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
State Labor Laws
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
A bankruptcy court’s recent denial of a debtor’s petition for bankruptcy relief on narrow grounds casts a long shadow on the viability of bankruptcy relief for those employed in the cannabis industry. Though confining the...more