Massachusetts

In another win for employers with regard to medical marijuana use by employees, a Massachusetts state court rejected a former employee’s legal claims under the state’s medical marijuana law. Barbuto v. Advantage Sales and Marketing, LLC, et al., No. 15-02677 (Mass. Sup. Ct. May 31, 2016).

Massachusetts has taken another step in protecting those who do not identify with the sex they were assigned at birth. Effective October 1, 2016, individuals will have the legal right to use restrooms, changing rooms, and locker rooms that correspond to their gender identity, regardless of their ass

Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55 exceptions, restrict certain commercial activities on Sundays and holidays. Go

Massachusetts has become the latest state to strengthen its pay equity laws. Governor Charlie Baker signed a bill amending the state’s Equal Pay Act on August 1, 2016. The new law, which becomes effective on January 1, 2018, imposes more rigorous equal pay obligations on employers and provides for a

Once again, the Massachusetts legislature was unable to agree on non-compete reform legislation by the July 31, 2016, end of the current legislative session. The House and Senate had passed versions of non-compete reform that differed on key provisions. At the end of the session, however, the House

This morning, Massachusetts woke up to what is becoming a regular occurrence: the legislature was unable to pass a bill limiting the use of non-competition agreements in the Commonwealth, although it came the closest it has in years. On June 29, 2016, the House unanimously passed a bill that would h

The Massachusetts legislature has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. Both house of the legislature (Senate and House of Representatives) passed the bill unanimously in July. The bill now

On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity (the “Act”).1 The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages. Governor Baker stated that he intends to sign the Act next week. If he does so, the Act

Massachusetts finally may enact non-compete reform legislation. The current session of the General Court, the state’s legislature, ends on July 31, and the House and Senate have passed versions of non-compete reform legislation limiting non-compete agreements that differ on important points. If non-

The highest court in Massachusetts has ruled that, in certain instances, an employee can access and obtain an employer’s records in order to support a claim of employment discrimination. Verdrager v. Mintz Levin, No. SJC-11901 (May 31, 2016).

On February 22, 2016, the First Circuit issued its decision in Schwann v. Fedex Ground Package System, Inc. This decision clarified the extent to which the Massachusetts Independent Contractor statute, G.L. c. 149 § 148B (“§ 148B”), as applied to motor carriers, is preempted by the Federal Aviation

The Massachusetts Senate has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. The House is considering the bill.

In keeping with actions taken by other states, such as California and New York, Massachusetts is poised to pass an updated equal pay law that will greatly expand the ability of individuals to bring claims for violations of equal pay. The proposed law also puts limits on an employer’s effort to seek

Employers operating under the Massachusetts Earned Sick Leave Law “safe harbor” should prepare to fully comply with the Law beginning January 1, 2016.

On July 1, 2015, the Massachusetts earned sick time law took effect, requiring most Massachusetts employers to provide their employees with the right to accrue and take up to 40 hours of paid sick leave per year. The law does not require employers with paid time off plans or policies equivalent to,

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). This is a significant development because Massachusett

Effective July 1, 2015, all private-sector employers in Massachusetts must provide their employees with up to 40 hours of sick leave per calendar year.1 Earlier this year, the Massachusetts Attorney General published proposed regulations concerning the implementation of the new law.2 After receiving

On June 10, 2015, the Massachusetts Attorney General issued a Notice of Employee Rights (the "Notice") under the Commonwealth's new earned sick leave law, as well as a document clarifying the scope of the "safe harbor" exemption to that law.

The Massachusetts Attorney General’s office posted on its website a clarification of its previously announced Safe Harbor provision extending the Massachusetts Earned Sick Time compliance deadline for employers who provide paid time off that is substantially similar to that required by the Law. The

On June 3, the Massachusetts Supreme Judicial Court held that the Commonwealth’s independent contractor law does not apply to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage firm. The court’s ruling in Monell v. Boston Pads, LLC, SJC-11661, although