The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024....more
Massachusetts is the latest state to mandate salary transparency in job postings and disclosure of demographic and pay data to the government.
On July 31, 2024, Governor Maura Healey signed into law the “Frances Perkins...more
8/5/2024
/ Anti-Retaliation Provisions ,
Disclosure Requirements ,
EEO ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Discrimination ,
Pay Transparency ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour
On June 28, 2022, Rhode Island Governor Daniel McKee signed new “tip protection” legislation. The statute prohibits employers of tipped employees from retaining employee tips, creates new requirements for tip pools, and sets...more
7/14/2022
/ Employer Liability Issues ,
Food Service Workers ,
Labor Reform ,
New Legislation ,
Regulatory Standards ,
State Labor Laws ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
The U.S. Court of Appeals for the First Circuit recently affirmed a district court finding that the Massachusetts Wage Act did not apply to a person who mostly lived and worked in Florida. While the court’s decision in...more
In Reuter v. City of Methuen (April 4, 2022), the Massachusetts Supreme Judicial Court expanded an employer’s liability for the late payment of wages. Generally, Massachusetts law requires that an employer that terminates an...more
On December 20, 2021, the City of Boston announced a new vaccination mandate, the “Temporary Order Requiring COVID-19 Vaccination for Indoor Entertainment, Recreation, Dining, and Fitness Settings in the City of Boston” (the...more
12/22/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Local Ordinance ,
New Regulations ,
Public Health Emergency ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On Friday, July 24, 2020, Governor Baker signed a bill designating Juneteenth (June 19th) as an annual state holiday in Massachusetts. In doing so, Governor Baker stated that this designation would help “recognize the...more
Massachusetts has issued strict new travel restrictions, including quarantine requirements, unless the person is coming from a “lower-risk state,” has proof of a negative COVID-19 test, or meets certain narrow exemptions....more
All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)? In López-López v. The Robinson School, the...more
The Massachusetts Department of Unemployment Assistance (DUA) recently issued new guidance for employers, addressing a number of questions related to the effect returning to work will have on employees’ unemployment benefits...more
In Jinks v. Credico (USA) LLC (March 31, 2020), Judge Kenneth Salinger in the Business Litigation Session of the Massachusetts Superior Court provided guidance on two important wage and hour issues. ...more
On Thursday, April 9, 2020, Massachusetts Governor Charlie Baker’s administration announced the partial implementation of unemployment benefits in accordance with the federal Coronavirus Aid, Relief, and Economic Security Act...more
On March 23, 2020, Massachusetts Governor Charlie Baker issued an executive order titled “Order Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of...more
Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an...more
8/9/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Risk Assessment ,
State Labor Laws ,
Wage and Hour
The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday and holidays. This decision may allow employers in other...more
6/28/2019
/ Airline Deregulation Act ,
Airlines ,
Aviation Industry ,
Commercial Truck Drivers ,
Holiday Pay ,
Labor Regulations ,
Motor Carriers ,
Preemption ,
Rate of Pay ,
State and Local Government ,
State Labor Laws ,
Sunday Pay Laws ,
Transportation Industry ,
Unpaid Overtime ,
Wage and Hour
The Massachusetts Supreme Judicial Court (SJC) recently discussed class certification in state court wage and hour cases in Gammella v. P.F. Chang’s China Bistro....more
4/17/2019
/ Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Food Service Workers ,
FRCP 23 ,
MA Supreme Judicial Court ,
Numerosity ,
Offer of Judgment ,
PF Chang's ,
State and Local Government ,
Statutory Interpretation ,
Wage and Hour
The Massachusetts Attorney General’s Office recently published guidance regarding how a new tipped-employee law is to be applied. ...more
The recently-enacted Massachusetts Noncompetition Agreement Act (“Act”) provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018. ...more
The new “grand bargain” legislation Governor Charlie Baker signed into law last week gradually phases out the requirement that Massachusetts retailers pay time-and-a-half for work on Sundays or certain holidays....more
In a groundbreaking new decision, the California Supreme Court announced a significant change in independent contractor law, adopting a modified “ABC” test for determining whether an individual is an employee under the Wage...more
The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018. The...more
3/6/2018
/ Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Yesterday, Massachusetts woke up to what is becoming a regular occurrence: the legislature was unable to pass a bill limiting the use of non-competition agreements in the Commonwealth, although it came the closest it has in...more
On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity (the “Act”). The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages. Governor...more
On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more
7/14/2015
/ Aviation Industry ,
Delivery Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Mileage Reimbursement ,
Motor Carriers ,
Payroll Taxes ,
Trucking Industry ,
Unpaid Overtime ,
Wage and Hour
Effective April 1, 2015, Massachusetts will become the fourth state (after New York, California and Hawaii) to extend employment protections specifically to domestic workers. The "Domestic Workers' Bill of Rights"1 creates...more