Massachusetts Paid Family and Medical Leave: Draft Revisions to Regulations

On May 14, 2020, the Massachusetts Department of Family and Medical Leave (DFML) issued revised draft regulations to accompany the Massachusetts Paid Family and Medical Leave (PFML) law. The draft regulations come approximately one year after the DFML published “final” regulations and contain many substantive revisions, likely in response to the numerous public sessions held over the past year.

Massachusetts Update: Paid Family and Medical Leave Contributions

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.

Navigating the Legalization of Marijuana in Massachusetts: What Employers Need to Know

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’s “Grand Bargain” Increases Minimum Wage, Ends Sunday Retail Premium Pay, and Provides Extensive Paid Leave

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.

Preparing for the New Massachusetts Equal Pay Law, Part II: Which Policies to Revise in Light of the Upcoming Effective Date

As we get closer to the July 1, 2018 implementation date for the Massachusetts Equal Pay Act (MEPA), it is time to focus in earnest on practical workplace considerations for affected employers. Although the MEPA does not dictate what specific language employment policies must include, employers should align their internal policies and practices with the law’s detailed requirements. Employment policies that may require revision or amendment in order to comply with the provisions of MEPA cover not only compensation, but also hiring practices, interview procedures, commissions, merit-based bonuses, and confidentiality.

Preparing for the New Massachusetts Equal Pay Law, Part I: Whether, When, and How to Conduct a Pay Equity Audit

The July 1, 2018, implementation date for the amendments to the Massachusetts Equal Pay Act (MEPA) is less than a year away. The amendments approved in 2016 will bring about substantial changes to the definition of “comparable work,” employer defenses, statutes of limitations, and prohibited employer practices, such as salary history inquiries.

A Closer Look at Massachusetts’s Pay Equity Law

We recently reported on the sweeping pay equity legislation that garnered much attention throughout the most recent legislative session in Massachusetts. After much anticipation, this week Governor Charlie Baker signed the Act to Establish Pay Equity, a significant law that will affect all employers with employees in the state. The final version of the law will go into effect on July 1, 2018, giving employers ample breathing room to analyze and assess their compliance and consider conducting pay equity self-evaluations as outlined in the law.

Massachusetts Sick Leave Law—Full Compliance Deadline Looming

Massachusetts voters approved a new sick leave law that went into effect on July 1, 2015. Many employers with preexisting leave policies, however, took advantage of the so-called “safe harbor” provision in the law and its implementing regulations that allowed those employers to delay full implementation until January 1, 2016, as long as they complied with certain general provisions of the law. This safe harbor expires on January 1, 2016—so employers that relied on the safe harbor rules must now put in place new policies to comply with the sick leave law.

Massachusetts Attorney General Issues Final Earned Sick Leave Regulations With Substantial Revisions

The July 1, 2015 effective date of the Massachusetts earned sick leave law is looming. In summary, the new law provides that employers of 11 or more employees must provide their Massachusetts employees with job-protected paid sick leave accrued at a rate of 1 hour for every 30 hours worked, while smaller employers must provide the same amount of unpaid sick leave. The law permits employees to take sick leave for the following…

Fired Employee Who Accused Coworkers of Sleeping with Boyfriend Lacks Triable Bias Claim

A retail employer did not violate federal civil rights laws or the Massachusetts state anti-discrimination law when it fired an employee because she made harassing, disparaging, and inappropriate accusations against her coworkers. According to the First Circuit Court of Appeals the discharged employee, who accused her coworkers of sleeping with…..

Connecticut Governor Vetoes Bill Regulating Non-Compete Agreements

On July 12, 2013, Governor Dannel Malloy vetoed legislation that would have limited the use of non-compete agreements in Connecticut (which we covered in a recent issue of the Connecticut eAuthority). The bill would have imposed certain requirements on the use of non-compete agreements in the context of mergers and acquisitions. Using his veto authority, Governor Malloy

Significant Changes to Connecticut’s Personnel File Law

On June 21, 2013, Governor Dannel Malloy signed into law a measure that makes major changes to Connecticut’s Personnel Files Act. The new law changes employer response times to personnel file requests, imposes new rules requiring employers to provide employees with copies of certain disciplinary documents, and gives employees the right to respond to employer documentation with their own statements. The new law goes into effect on October 1, 2013.

Updates Regarding Non-Compete Agreements in Connecticut

A new Connecticut law places some restrictions on the use of non-compete agreements in the context of employer mergers and acquisitions. Under the new law, if an employer is acquired by or merges with another employer and presents an employee with a non-compete agreement as a condition of continued employment, the employer must provide the employee with a written copy of the non-compete agreement and a “reasonable period of time” of at least seven calendar days to consider the agreement.

Massachusetts Criminal Record Regulations Finalized

The Massachusetts Department of Criminal Justice Information Services (DCJIS) recently issued final regulations to accompany the Massachusetts Criminal Offender Record Information (CORI) law. The law, which was passed in August 2010, significantly changed the way in which employers screen the criminal histories of applicants and employees. The new regulations, which went into effect immediately, clarify how employers obtain and use criminal history information.

Criminal Record Law Requirements Become Effective May 4

Significant changes to Massachusetts criminal record laws implemented by the Massachusetts Criminal Offender Record Information Reform Act will become effective on May 4, 2012. The law, which was passed in August 2010, has become well known for its “ban the box” provision that prohibits most employers from asking about an applicant’s criminal history on an

Connecticut Limits Use of Background Checks in Employment

A new Connecticut law that took effect on October 1, 2011 (Public Act 11-223) makes it unlawful for most Connecticut employers to require employees or prospective employees to consent to requests for credit reports that contain information about their credit scores, credit account balances, payment history, savings or checking account balances, or account numbers. Connecticut