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First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Massachusetts PFML Update: DFML Releases New 2023 Poster and Employee Notices

Seyfarth Synopsis: Employers must notify current and new employees of the 2023 updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave (PFML) Law. The Department of Family and Medical...more

Sweeping Changes to Enforcement of the Massachusetts Wage Laws May Be On the Horizon, and It’s Not Good News for Employers

In 2008, the Massachusetts legislature cracked down on employers who violate the Commonwealth’s wage laws by imposing mandatory treble damages and attorneys’ fees for any violation, with no leniency for good faith errors. ...more

No Quarter: SJC Mandates Treble Damages for Any Late Payment of Wages – Even Honest, Corrected Mistakes

On April 4, 2022, the Massachusetts Supreme Judicial Court adopted an even more employee-friendly approach to damages for Wage Act violations in the Bay State. In Reuter v. City of Methuen, No. SJC-13121 (Mass. April 4,...more

Massachusetts PFML Update: Employees May Begin To Use Paid Family Leave To Care For A Family Member on July 1, 2021

Seyfarth Synopsis:  Massachusetts rolled out its Paid Family and Medical Leave (PFML) benefits in two phases, with most benefits available as of January 1, 2021.  Paid leave benefits to care for a family member with a serious...more

Are Arbitration Agreements Fair and Consistent With Company Culture?

This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond....more

Massachusetts Releases Paid Family And Medical Leave Updates

Seyfarth Synopsis: Massachusetts Paid Family and Medical Leave (PFML) benefits are now available for Massachusetts workers. On January 12, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued...more

Massachusetts Opens Applications For PFML Bonding Leave For 2020 Births Or Child Placements And Releases Emergency Regulations...

Seyfarth Synopsis: The Department of Family and Medical Leave (Department) has opened applications for Paid Family Medical Leave (PFML) benefits related to family bonding leave for children born, adopted, or placed for foster...more

Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave

Seyfarth Synopsis:  With Massachusetts Paid Family and Medical Leave (PFML) benefits becoming available on January 1, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued several updates, a new...more

Massachusetts Finalizes Amendments To PFML Regulations

This past week, the Massachusetts Department of Family and Medical Leave (DFML) released an unofficial version of the final amendments to the Paid Family and Medical Leave (PFML) regulations following a public hearing and...more

Massachusetts Department of Family and Medical Leave Proposes Further Amendments to PFML Regulations and Announces Hearing Dates

As we reported last week, on May 8, 2020, the Department of Paid Family and Medical Leave (DFML) issued proposed amendments to the Paid Family and Medical Leave (PFML) regulations and announced a public hearing and formal...more

Massachusetts Department of Family and Medical Leave Issues Proposed Amendments to PFML Regulations

On Friday, May 8, 2020, the Massachusetts Department of Family and Medical Leave (DFML) published proposed amendments to the regulations governing the Paid Family and Medical Leave (PFML) Law.  ...more

Massachusetts Business Litigation Session Rejects “ABC Test” for Joint Employer Status

In an attempt to extend the reach of state wage/hour laws to reach more defendants, Plaintiffs’ lawyers have sought to expand the employment relationship in a variety of ways. ...more

Supreme Judicial Court Trebles Jury Award of Future Commissions

Seyfarth Synopsis: In a February 12, 2020 decision, the Massachusetts Supreme Judicial Court held that future commissions a plaintiff would have earned but for her retaliatory termination were subject to trebling under the...more

Massachusetts PFML Quarterly Returns and Contributions Due By January 31, 2020

Seyfarth Synopsis: Yesterday, the Department of Family and Medical Leave (DFML) reported on guidance it received from the Department of Revenue regarding how employers participating in the Commonwealth’s Paid Family and...more

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective...

Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more

Department of Family and Medical Leave Releases Final PFML Regulations And New Template Worker Notice Forms

Seyfarth Synopsis: Earlier yesterday, the Department of Family and Medical Leave (DFML) issued its final regulations for the Massachusetts Paid Family and Medical Leave (PFML) Law. ...more

Governor Signs Legislation Amending Massachusetts Paid Family And Medical Leave Law And DFML Extends Worker Notice And Private...

Seyfarth Synopsis: On June 13, 2019, Governor Baker signed into law S 2255, officially delaying the start of the payroll deductions for the Massachusetts Paid Family and Medical Leave (PFML) program by three months to...more

BREAKING NEWS!!! Massachusetts Governor And Legislative Leaders Agree To 3-Month Delay Of July 1st Paid Family And Medical Leave...

Seyfarth Synopsis: This week, the Massachusetts Governor, Senate President and House Speaker issued a joint statement confirming that they have agreed to adopt a 3-month delay to the start of required contributions under the...more

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Breaking News – Massachusetts DFML Confirms That Employers May Be Approved Now For Private Plans That Do Not Provide Paid Leave...

Seyfarth Synopsis: In important breaking news, the Massachusetts Department of Family and Medical Leave (DFML) has changed its position and has confirmed that employers may receive approval of a private paid family or medical...more

Hot Off The Presses: Massachusetts DFML Just Announced Extension Of May 31st Notice Deadline And June 30th Exemption Application...

Seyfarth Synopsis: In response to feedback from the public listening sessions held around the Commonwealth, as well as engagement efforts, the Massachusetts Department of Family and Medical Leave (DFML) announced several...more

Massachusetts DFML Releases Private Plan Exemption Application And Guidance; Applications Due By June 30, 2019

Seyfarth Synopsis: As previously announced, yesterday, the Massachusetts Department of Family and Medical Leave (DFML) made available the online application for private plan exemptions under the Paid Family and Medical Leave...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts: Tip #3: Conduct an Off-the-Clock Work Audit

Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more

Tips On Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #2: Consider Conducting a Pay Equity Audit

Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more

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