Category Archives: Labor & Employment

What NYC Employers Need to Know about New Salary History Law

Earlier this month, New York City Mayor Bill de Blasio signed a bill prohibiting employers from asking job candidates about their salary history. The new law will go into effect on October 31, 2017.

Beginning on October 31, 2017, questions about a job applicant’s previous compensation, and an employer’s reliance on that information in determining an applicant’s compensation, will constitute unlawful discrimination under the New York City Human Rights Law.… More

Federal Courts Block New Travel Ban Executive Order

On March 15, 2017, federal courts in Maryland, Hawaii and Washington heard arguments on motions to preliminarily enjoin the New Executive Order (“New EO”), which was issued by President Trump on March 6, 2017. Judge Derrick K. Watson of the U.S. District Court for the District of Hawaii was the first to issue such an order (as described below), which essentially prevents implementation of the New EO’s travel and refugee restrictions.… More

New IRS Memo Concludes Benefits Paid by Fixed-Indemnity Health Plans May Be Taxable Income

On January 20, 2017, the Office of Chief Counsel of the Internal Revenue Service (IRS) issued a Memorandum on the tax treatment of benefits paid by fixed-indemnity health plans. In the Memorandum, the OCC concludes that payments from fixed-indemnity health plans that are not included in the employee’s compensation, such as those that were paid for either by the employer or through salary reduction as part of a section 125 cafeteria plan,… More

Massachusetts Minimum Wage Increases Effective January 1, 2017

A reminder for Massachusetts employers: effective January 1, 2017, the minimum wage in Massachusetts is increasing from $10.00 to $11.00 per hour.

The minimum rate for tipped service employees is also increasing, from $3.35 to $3.75 per hour.  This “service rate” only applies to workers who provide services to customers and regularly receive more than $20 in tips per month.  Additionally, their average hourly tips plus the minimum service rate must equal or exceed the $11.00 per hour minimum wage.  … More

Federal Court Blocks New Overtime Rule

On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold below which employees must be paid overtime to $47,476/year – was scheduled to go into effect on December 1, 2016. (The firm’s previous client alert on the rule can be found here.) As a result,… More

Massachusetts Enacts New Pay Equity Law

Decorative Scales of JusticeOn August 1, 2016, Massachusetts Governor Charlie Baker signed the Pay Equity Act (the “Act”) into law. The Act, which goes into effect on January 1, 2018, is designed to close the wage gap between men and women. Although Massachusetts already had a pay parity law that prohibits wage discrimination, the Act provides greater clarity on what constitutes unlawful pay discrimination and imposes new rules and restrictions on employers.… More

Watch: Labor & Employment Webinar

The past year has been busy in the labor and employment law field. Foley Hoag recently presented a webinar detailing the latest legal developments.

Watch the recording:

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Topics discussed include:

  • Upcoming changes to the overtime regulations
  • The expansion of the “joint employer” doctrine
  • The increasingly aggressive EEOC
  • Legislative initiatives to change non-compete law
  • Pay equity laws
  • Current issues in immigration laws

Speakers:

State Attorneys General Send Requests for Information on Retailers’ Use of On-Call Shifts

In a continued effort to end the practice of using “on-call shifts,” several state attorneys general, including Massachusetts Attorney General Maura Healey and New York Attorney General Eric Schneiderman, sent letters last week to 15 national retailers requesting information about their use of “on-call shifts” to staff their businesses.

As we reported last June, AG Schneiderman sent letters seeking similar information about the use of “on-call shifts” to 14 major retailers last year.… More

Smoking Gun Evidence or Just a Responsible HR Professional?

Human resources professional play an important role in the workplace by helping front-line managers to understand the discrimination law. Last week, the Massachusetts Appeals Court issued a decision that could be seen as undermining that role, concluding that notes of a telephone call with a human resource consultant might be evidence of pretext. In Wagner v. Baystate Health Inc., the Appeals Court reversed the grant of summary judgment to the employer on Robert Wagner’s claim that Baystate fired him in retaliation for assisting his wife (who was also a Baystate employee) in filing a claim with the MCAD.… More

Attorney General’s Office Finalizes Regulations on Domestic Workers Bill of Rights

A few months ago, the so-called Domestic Workers Bill of Rights became law in Massachusetts. The law has not garnered a tremendous amount of attention from employment lawyers, presumably because it only covers “household employers,” who employ domestic workers such as nannies or housecleaners. As a management-side employment attorney and the employer of a wonderful nanny, I have been following this law and the development of associated regulations. … More