Court Rules that Employers Must Report Pay Data by September 30, 2019

On April 25, 2019, a federal judge in Washington, D.C. set a September 30, 2019 deadline for employers to begin complying with the U.S. Equal Opportunity Commission’s (EEOC) recently revived pay data collection rule. Accordingly, employers with 100 or more employees – more than 60,000 employers – must submit 2018 pay data to the EEOC by September 30, 2019.

As reported in our past alerts (link here),… More

U.S. Department of Labor Issues Proposed Joint Employment Rule

On April 1, 2019, the U.S. Department of Labor (DOL) issued a proposed rule that would clarify when two entities may be considered joint employers of an employee for purposes of the Fair Labor Standards Act (FLSA), and therefore may be held jointly and severally liable for FLSA violations. The rule comes nearly two years after the DOL withdrew Obama-era guidance broadly interpreting the rules regarding joint employment (see … More

Department of Family and Medical Leave Issues Guidance on New Paid Family and Medical Leave Act

On March 26, 2019, the Massachusetts Department of Family and Medical Leave issued a guide for employers on complying with the new Paid Family and Medical Leave Act (PFMLA). (Our alert on the 2018 passage of PFMLA can be found here.) As the guide makes clear, employers will need to begin taking steps to comply with PFMLA as early as July 1, 2019, even though paid leave benefits will not be available until January 2021 at the earliest.… More

U.S. Department of Labor Issues Proposed New Rule on Regular Rate of Pay for Overtime

Less than a month after proposing an increase to the salary threshold for certain overtime exemptions (see our previous client alert), the U.S. Department of Labor (“DOL”) has announced another possible rule change impacting the way employers pay employees overtime. This new proposed rule would update, for the first time in more than 50 years, rules regarding the types of employee compensation that must be included when calculating an employee’s “regular rate” under the Fair Labor Standards Act (“FLSA”).… More

U.S. Department of Labor Proposes New Overtime Rule

On March 7, 2019, after more than two years of speculation, the U.S. Department of Labor (“DOL”) finally proposed its new overtime rule. Under the proposed rule, the minimum salary a worker would have to be paid to qualify for the executive, administrative and professional exemptions would increase from $26,660 (or $455 per week) to $35,308 (or $679 per week). The DOL estimates that 1.1 million more employees will be eligible for overtime under the proposed rule.… More

SJC: Employees Who Settled Wage Act Claims Were Entitled to Award of Attorneys’ Fees

On February 19, 2019, the Massachusetts Supreme Judicial Court (SJC) adopted an employee-friendly standard for determining whether a plaintiff is entitled to an award of attorneys’ fees under the Massachusetts Wage Act where his or her claims are resolved by settlement. In Ferman v. Sturgis Cleaners, Inc., the SJC held that a plaintiff is entitled to an award of attorneys’ fees when his or her suit acted as a necessary or important factor in causing the defendant employer to provide a material portion of the relief in the form of a settlement.… More

SJC Rules Denial of Lateral Transfer May Be “Adverse Employment Action” Under Mass. Anti-Discrimination Law

On January 29, 2019, the Massachusetts Supreme Judicial Court (SJC) ruled in Yee v. Mass. State Police that an employer’s denial of an employee’s request for a lateral transfer that would have no impact on the employee’s base pay or benefits may constitute an adverse employment action under Massachusetts’ anti-discrimination statute, G.L. c. 151B (“Chapter 151B”). The SJC’s decision expands the scope of employment actions that may be actionable under Chapter 151B.… More

NLRB Overturns Obama-Era Independent Contractor Test

On January 25, 2019, the National Labor Relations Board issued a decision revising the test for independent contractor status under federal labor law. In SuperShuttle DFW, Inc., the Board ruled that the test for determining whether a worker is an independent contractor under the National Labor Relations Act (the “Act”) should focus on the degree of “entrepreneurial opportunity” available to the worker, rather than the worker’s economic dependency on those they serve or the degree of control exercised over the work.… More

MA Employers Subject to New HIRD Reporting Requirement Starting Nov. 30, 2018

In 2017, Massachusetts enacted a supplemental appropriations bill providing for the creation of an employer healthcare coverage form that Massachusetts employers with six or more employees would be required to submit annually. Recently, the Massachusetts Department of Revenue (DOR) released guidance on this new requirement, providing that covered employees will be required to submit a new Health Insurance Responsibility Disclosure (HIRD) form annually starting November 30 of this year.… More

A New Era of MA Noncompete Law Begins on Oct. 1

As previously reported, the new Massachusetts law governing non-competition agreements takes effect on Monday, October 1.  A comprehensive summary of the law is here.  The most significant takeaways are the following:

  • The law applies to post-employment noncompetes entered into on or after October 1, 2018 by Massachusetts workers and residents.
  • The law does not apply to other kinds of restrictions,…
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