On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees.
The Massachusetts Supreme Judicial Court (SJC), the Commonwealth’s highest court, recently clarified the standards applicable to analyzing nonsolicitation and anti-raid restrictive covenants following the sale of a business—an area of law where state appellate court jurisprudence had been lacking.
Recently, the Massachusetts Department of Revenue (DOR) released guidance on how to report wages paid under the state Paid Family and Medical Leave Law (PFML) for employers’ fourth quarter 2019 PFML return. This guidance was released to ensure covered employers can properly and timely file and remit contributions in advance of the quarterly deadline of January 31, 2020.
In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per
The Department of Paid Family and Medical Leave (DFML) continues to issue updates concerning compliance with the Massachusetts Paid Family and Medical Leave Law (PFML). The DFML’s most recent updates address private plan exemptions and how the DFML has reevaluated and revised its internal review process to more efficiently evaluate these applications.
The deadlines for notice to employees and contribution withholdings required by the Massachusetts Paid Family and Medical Leave Act (PFML) are fast approaching, and employers are encouraged to make sure that they are prepared. Ahead of these important deadlines, the Department of Family and Medical Leave (DFML) continues to announce updated guidance on the program.
Following the recently announced three-month delay to notice and contribution requirements, and the announcement of updated template notices and final regulations, the Massachusetts Department of Family and Medical Leave (DFML) continues to issue updated guidance on the practical implementation of the Massachusetts Paid Family and Medical Leave Law.
In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity Commission before commencing an action in court is not jurisdictional.
On June 5, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a decision emphasizing that an employer’s well-designed and thorough internal investigations made prior to a termination decision can provide a strong defense to claims, but less carefully conducted investigations do not.
On June 18, 2019, the Massachusetts Department of Family and Medical Leave (DFML) issued final regulations regarding the Massachusetts Paid Family and Medical Leave Law (PFML). This follows months of revisions, public hearings, and comments.
Here is the latest information on the Massachusetts Paid Family and Medical Leave Act (PFML) requirements since our last report on April 17, 2019. As the date for issuing final regulations and starting employer contributions draws near, the Department of Family and Medical Leave (DFML) continues to publish updates.
On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous opinion holding that salespeople who are paid solely on draws and commissions are entitled to separate and additional overtime and Sunday pay under Massachusetts law. The decision has far-reaching implications for most retailers, which have long relied on opinion letters from the Massachusetts Department of Labor Standards (DLS) suggesting that commissioned employees are not entitled to such additional compensation.
In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 (June 27, 2018), the Supreme Court of the United States significantly expanded the rights of nonunion public employees by holding that unions may not collect fees from such employees without their consent.
Last year, Massachusetts Governor Charlie Baker signed into law what has been referred to as the “grand bargain” legislation. When it was enacted, we covered some of the law’s key provisions that would have a significant impact on Massachusetts employers, including the phase-in of paid family and medical leave under the Massachusetts Paid Family and Medical Leave Act (PFML). Since then, the Massachusetts Department of Family and Medical Leave (DFML), a new agency, has been established under the PFML to manage paid leave in the Commonwealth.
On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment discrimination claim in the matter of Yee v. Massachusetts State Police, SJC-12485.
In June 2018, Massachusetts Governor Charlie Baker signed into law An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday.
In 2019, a number of states’ minimum wage rates will increase.
On October 13, 2018, the Massachusetts legislature amended the state’s Criminal Offender Record Information (CORI) law. Many other U.S. territories and localities have passed ban-the-box laws over the last decade that limit employer inquiries into an applicant’s criminal history.
With Massachusetts’s comprehensive noncompete law taking effect on October 1, 2018, many employers are reviewing and likely revising their restrictive covenants to ensure that they are compliant with the new law.
The Massachusetts Legislature has passed legislation governing the use of noncompetition agreements in Massachusetts. Governor Charlie Baker is expected to sign the legislation into law by August 10, 2018. Assuming that occurs, the law will codify existing Massachusetts case law to some degree, and it also will go much further in regulating the enforceability of noncompetition agreements, including limiting who may be subject to such agreements.
In the most recent step in a decade-long effort to enact comprehensive noncompete legislation, the Massachusetts Senate on July 25, 2018, passed an economic development bill containing amendments to Chapter 149 of the Massachusetts General Laws to regulate the use of noncompetition agreements.
Massachusetts voters legalized recreational marijuana through a ballot referendum in 2016. As of July 1, 2018, retail marijuana stores are now permitted to operate in the state. The law allows cities and towns to exercise local control to ban or limit marijuana dispensaries, which are now opening in various locations around the state.
Massachusetts Governor Charlie Baker just signed into law the so-called “grand bargain” bill, which contains provisions that will have a significant effect on employers in the state. The law is a compromise designed to avoid potential ballot questions about an increase in the state minimum wage, paid leave, and a reduction in the state sales tax.
The Massachusetts legislature is once again seeking to enact comprehensive noncompetition legislation to rein in the use, and some may argue the abuse, of restrictive covenants in employment agreements.
On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. The amendments, which were enacted in 2016, will overhaul MEPA, a law that has been in effect for over 70 years, and make it one of the strictest pay equity laws in the nation.
Investors and members of boards of directors concerned about liability under the Massachusetts Wage Act, M.G.L. c. 149, § 148, can breathe a little easier after the Supreme Judicial Court’s (SJC) decision in Segal v. Genitrix, LLC, No. SJC-12291 (December 28, 2017). In Segal, the SJC refused to hold investors and individual directors individually liable for a company’s failure to pay wages to an employee because they were not empowered to act as “agents having the management” of the company.
In Mui v. Massachusetts Port Authority, issued on January 29, 2018, Massachusetts’s highest court decided an issue of first impression in the Commonwealth: whether accrued but unused paid sick time counts as “wages” for purposes of the Massachusetts Wage Act. Under the Wage Act, an employer that fails to pay wages is subject to strict liability, treble damages, and attorneys’ fees in a civil action for violation of the Act, and may also be subject to criminal liability. The plaintiff in Mui argued that the paid sick time he had accrued but hadn’t used at the time that he resigned from his employment with the Massachusetts Port Authority (Massport) qualified as wages, and thus that he was entitled to treble damages for Massport’s failure to pay him for that unused time when he resigned.
The Massachusetts Pregnant Workers Fairness Act, enacted in July of 2017, will take effect on April 1, 2018. The Act prohibits Massachusetts employers from denying pregnant women and new mothers reasonable accommodation for their pregnancies and any conditions related to their pregnancies, regardless of whether the pregnancies or related conditions constitute disabilities under existing federal or state discrimination law.
For nearly a decade, Massachusetts legislators have considered various bills aimed at regulating the use of noncompetition agreements in the commonwealth. Noncompetes currently are governed by Massachusetts case law which, although relatively well developed, sometimes leads to inconsistent results, in turn leading to uncertainty as to what restrictions will be enforced.