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Tag Archives: Employment
Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need … Continue reading
Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!
Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee … Continue reading
Posted in Employee Benefits, SJC, Wages
Tagged Employment, Massachusetts, SJC, Wages
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OSHA Withdraws COVID-19 ETS, But Signals That It Is Moving Forward with Final Rule
On January 25, 2022, OSHA announced the withdrawal COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”). In the announcement, OSHA stated that although it “is withdrawing the [ETS] as an enforceable emergency temporary standard, [it] is not withdrawing the … Continue reading
Posted in COVID-19
Tagged covid, Employment, ETS, Final Rule, OSHA, testing, vaccine
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Massachusetts Supreme Judicial Court Adopts FLSA’s Joint Employer Test
Jonathan R. Sigel and Ashlyn E. Dowd On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) considered whether the so-called “ABC Test” set forth in M.G.L.c. 149, §148B (“Section 148B”) should be applied to determine whether an entity is … Continue reading
Posted in Joint Employers
Tagged 148B, ABC Test, Credico, Employment, Jinks, joint employer, Massachusetts
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OSHA Exercising Discretion in Enforcing the ETS Until January 10
As posted here, the Sixth Circuit Court of Appeals lifted the stay of the Vaccination and Testing Emergency Temporary Standard (the “ETS”) issued by OSHA. The Department of Labor announced on Saturday, December 18 that OSHA is exercising enforcement discretion … Continue reading
Posted in COVID-19, OSHA
Tagged COVID-19, Department of Labor, Employment, OSHA, vaccine
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What Employers Need to Know About President Biden’s “Path Out of the Pandemic” COVID-19 Action Plan
Last Thursday, President Biden announced a broad sweeping, 6-part COVID-19 Action Plan entitled, “Path Out of the Pandemic” (President Biden’s COVID-19 Plan | The White House) aimed at combatting the spread of COVID-19 and its variants. Below are a few of … Continue reading
Update: Families First Coronavirus Act
The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications. I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. … Continue reading
Posted in COVID-19, DOL, Employment Discrimination, FMLA, Leave Laws
Tagged Coronavirus, COVID-19, Department of Labor, Department of Labor; DOL; Overtime; Final Rule; White Collar Exemption; Salary Threshold; HCE Threshold, Discrimination, Employment, FMLA, Massachusetts, Paid Family and Medical Leave
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The Coronavirus and Its Impact on the Workplace
With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number … Continue reading
Posted in Employee Benefits, Employment Discrimination, FMLA, Leave Laws
Tagged CDC, COVID-19, Employment, Massachusetts, OSHA
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The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 2
Following the Massachusetts legislature’s attempt at reform of the use of employee noncompetition agreements last summer, three other New England states – New Hampshire, Maine and Rhode Island –passed their own noncompetition agreement reform bills in the summer of 2019. … Continue reading
The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 1
Most readers are probably aware that the Massachusetts legislature, after a decade of starts and stops, passed a very detailed bill retaining but reforming the use of employee noncompetition agreements last summer. While we were the first New England state … Continue reading