Department of Family and Medical Leave Provides Additional Guidance on PFMLA Exemptions

The new Massachusetts Paid Family and Medical Leave Act (PFMLA) came into effect on October 1, 2019, requiring employers to begin collecting payroll deductions and matching contributions to be submitted to the state Department of Family and Medical Leave (Department) by the end of January. These contributions, as we have described in previous alerts, will fund family and medical leave pay benefits that will be available to most Massachusetts employees beginning on January 1,… More

U.S. Department of Labor Announces New Overtime Salary Basis Rule

On September 24, 2019, the U.S. Department of Labor (DOL) unveiled the final version of its new overtime salary basis rule. The new rule increases the minimum salary threshold for salary-based overtime exemptions from $455 per week (or $23,600 annually) to $684 per week (or $35,568 annually). In addition to increasing the salary basis for administrative, executive and professional employees, the new rule allows employers to use nondiscretionary bonuses and incentive payments (such as commissions) to satisfy up to 10 percent of the salary basis level,… More

NLRB Places Further Limitations on “Micro Units”

On September 9, 2019, the National Labor Relations Board (“NLRB”) clarified its standard for reviewing the appropriateness of small bargaining units within larger workforces, sometimes referred to as “micro units.” The ruling gives employers guidance on how the NLRB will apply the so-called “community of interest” standard in such cases and gives the NLRB significant leeway to reject such units.

The NLRB’s decision concerned a bargaining unit at a Boeing Co.… More

UPDATE: EEOC Will Not Collect Pay Data for 2019, 2020 or 2021

As we reported in previous alerts (April 26, 2019 and May 9, 2019), all employers with 100 or more employees must submit employee pay data for 2017 and 2018 to the U.S. Equal Employment Opportunity Commission (EEOC) on an updated Employer Information Report Form (EEO-1) by September 30, 2019. However, this may end up being a one-time requirement. On September 12, 2019, the EEOC announced that it will not be requiring EEO-1 filers to submit pay data for 2019,… More

NLRB Adopts “Contract Coverage” Standard

New Ruling Makes It Easier for Employers to Introduce Workplace Changes During Term of Collective Bargaining Agreement

 

On September 10, 2019, in MV Transportation, Inc., Case No. 28-CA-173726, the National Labor Relations Board adopted a new “unilateral change” rule. The new rule permits employers to make unilateral changes in the workplace during the term of a collective bargaining agreement, without first bargaining with the union representing its employees,… More

Massachusetts PFMLA Update

Department Clarifies that Law Will Not Apply to Properly Classified Independent Contractors

On September 5, 2019, the Massachusetts Department of Paid Family and Medical Leave issued new guidance on when workers who receive 1099-MISC forms will be included in a business’s workforce count under the Paid Family and Medical Leave Act (PFMLA). Prior guidance suggested that all individual 1099-MISC workers in Massachusetts that provided service to a company would be counted.… More

NLRB Rules Misclassification of Employees as Independent Contractors Does Not Violate NLRA

Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question under federal labor law, ruling that the misclassification of employees as independent contractors is not a violation of the National Labor Relations Act (NLRA). As such, the decision to classify a worker as an independent contractor rather than an employee will not, by itself, subject an employer to liability under the NLRA.… More

MA PFMLA Update: MA Passes Extension Law; Department Issues New Regulations

The past few days saw two major updates to the Massachusetts Paid Family and Medical Leave Act (PFMLA) of which employers should be aware: a three-month extension of various deadlines for employer compliance and the issuance of final regulations under the Act Department of Family and Medical Leave (the “Department”).

As we reported last week, the Governor and Legislature agreed to extend the start date for contributions from July 1,… More

New Employee Benefit Rules Expand Health Reimbursement Arrangement Options for Employers

On June 13, 2019, the Internal Revenue Service (IRS), Department of Labor and Department of Health and Human Services (HHS) issued a new regulation that is intended to increase the use of tax-favored health reimbursement arrangements (HRAs) as a means of expanding access to health insurance in the individual insurance market. One likely effect of the new regulation, which will take effect on January 1, 2020, is to make it more likely that small employers will be able to offer greater health insurance options to their employees.… More

Paid Family and Medical Leave Update: Contribution Start Date Delayed

On June 11, 2019, Massachusetts Governor Charlie Baker, Senate President Karen Spilka, and House Speaker Robert DeLeo announced that they agreed to delay the required contributions to the Massachusetts Paid Family and Medical Leave (PFML) program by three months. This agreement will not be official until the Legislature passes and the Governor signs an emergency bill putting it on the books. If passed, the bill will extend the date when employers need to begin collecting payroll deductions and contributions from July 1,… More