Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations applicable to statutory overtime claims. In pursuing these claims, employees often argue that the statute of limitations should be tolled because their employers misrepresented their entitlement to overtime pay to them, and/or they assert common law claims that have a longer statute of limitations. In cases where they experience some form of adverse action, employees often also assert a retaliation claim based on vague statements that they made to their employers about their exempt status and compensation. The Massachusetts Appeals Court’s recent decision in Tam v. Federal Management Co., Inc. now makes it more difficult for employees to prevail on any of these arguments.
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.
In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under Massachusetts General Laws chapter 151B, the state’s antidiscrimination law.
In August 2012, Massachusetts Governor Deval Patrick signed into law a bill that established a series of new legal requirements for temporary staffing agencies and the companies that use their services. The law, called the “Temporary Workers Right to Know Act,” amends existing Massachusetts laws governing the temporary staffing industry in three specific ways by: (1) requiring that staffing agencies provide certain notices and information to all temporary employees;