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Massachusetts

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Massachusetts - Wage & Hour

Is Pay Transparency and Reporting Coming to Massachusetts?

Ogletree Deakins·

Massachusetts employers should keep an eye on a flurry of proposed legislation recently filed in both the state House of Representatives and Senate. One bill would impose new pay transparency obligations on Massachusetts employers. Another would require Massachusetts employers to report pay data to

Massachusetts - General

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

Ogletree Deakins·

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements can be convenient and even allow for cost savings, they present novel chal

Massachusetts - General

Massachusetts Unveils New Workplace Poster, Notifications for Employers

Ogletree Deakins·

The Massachusetts Department of Family and Medical Leave (DFML) recently published a new workplace poster, notifications, and new rate sheets for all employers in the state for 2023 regarding the Paid Family and Medical Leave (PFML) law. Employers are required to notify their employees of new contri

Massachusetts - General

What are some of the key similarities and differences between PFML laws and the FMLA?

Littler·

What are some of the key similarities and differences between PFML laws and the FMLA? Paid Family Medical Leave Laws may appear very similar to the federal Family Medical Leave Act, but there are also some very important distinctions. We can begin with the similarities, which – full

Massachusetts - General

Massachusetts CROWN Act Goes Into Effect on October 24, 2022

Ogletree Deakins·

On July 26, 2022, Governor Charlie Baker signed into law “An Act Prohibiting Discrimination Based on Natural and Protective Hairstyles,” popularly known as the Massachusetts CROWN Act. The effective date of the new law is October 24, 2022.

Massachusetts - General

Massachusetts Updates Paid Family and Medical Leave Contribution Rates, Maximum Weekly Benefits for 2023

Jackson Lewis P.C.·

The Massachusetts Department of Family and Medical Leave has announced changes to the employer contribution rates and benefit amounts under the Paid Family and Medical Leave Act (PFMLA) effective January 1, 2023.

Massachusetts - General

Massachusetts Driver’s Licenses for Undocumented Immigrants to be Question for Voters?

Jackson Lewis P.C.·

Voters in Massachusetts may be asked whether to repeal state law granting standard Massachusetts driver’s licenses to undocumented immigrants in November. In February 2022, the Massachusetts House of Representatives passed a bill to allow undocumented immigrants to apply for standard Massachusetts d

Massachusetts - General

Massachusetts Enacts CROWN Act, Prohibiting Discrimination Against Protective Hairstyles

Jackson Lewis P.C.·

Massachusetts Governor Charlie Baker has signed the Creating a Respectful and Open World for Natural Hair Act (CROWN Act) into law, making Massachusetts the 18th state to enact such a law.

Massachusetts - General

Massachusetts Becomes Latest State to Ban Discrimination Based on Natural Hairstyles and Hair Texture

Ogletree Deakins·

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law “An Act Prohibiting Discrimination Based on Natural and Protective Hairstyles,” also known as the Massachusetts CROWN Act.

Massachusetts - General

Change to Massachusetts Paid Family and Medical Leave Act Vetoed, Current Law Remains In Place

Jackson Lewis P.C.·

A provision in the enacted state budget for fiscal year 2023 would have amended the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.

Massachusetts - General

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

Ogletree Deakins·

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were independent contractors (and not employees) under the ABC test for determining

Massachusetts - General

Massachusetts Budget Includes Changes to State’s Paid Family and Medical Leave Act

Littler·

On July 18, 2022, Massachusetts Governor Charlie Baker signed the Commonwealth’s Fiscal Year 2023 budget, which includes a major amendment to the Massachusetts Paid Family and Medical Leave Act ( PFML ).

Massachusetts - General

Massachusetts Paid Family and Medical Leave Act Allows Adding Accrued Sick, Vacation Pay to Benefits

Jackson Lewis P.C.·

A provision in the enacted state budget for fiscal year 2023 amends the Massachusetts Paid Family and Medical Leave Act (PFMLA) to provide employers and employees more flexibility to use other accrued benefits to supplement paid benefits received from the state.

Massachusetts - General

Massachusetts Enacts Law Banning Discrimination Based on Hair Texture and Style

Littler·

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act that bans discrimination based upon natural and protective hairstyles in workplaces, school districts and certain school-related organizations. Specifically,

Massachusetts - General

U.S. Court of Appeals Offers Guidance on Applicability of Massachusetts Wage and Hour Laws to Out-of-State Workers

Littler·

The U.S. Court of Appeals for the First Circuit recently affirmed a district court finding that the Massachusetts Wage Act did not apply to a person who mostly lived and worked in Florida. While the court’s decision in Viscito v. National Planning Corp .

Massachusetts - Wage & Hour

State Law Remedies Not Available for Violations of FLSA, Massachusetts High Court Holds

Jackson Lewis P.C.·

Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court has held. Devaney v. Zucchini Gold, LLC , 2022 Mass. LEXIS 156 (Mass. Apr.

Massachusetts - Wage & Hour

Massachusetts Supreme Judicial Court Holds That FLSA Preempts Wage Act Remedies for Federal Overtime Violations

Ogletree Deakins·

On April 14, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that when an employee pursues and succeeds on a claim for the failure to pay overtime wages under the Fair Labor Standards Act (FLSA), the employee may not recover treble damages and other remedies under the Massachusetts Wage A

Massachusetts - General

Late Pay Entitles Employees to Triple Wages Regardless of When Paid, Massachusetts High Court Holds

Jackson Lewis P.C.·

When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or whether the wages are paid prior to a civil suit being filed, the Massachusett

Massachusetts - General

Massachusetts SJC: Employers Are Strictly Liable for Treble Damages for Late, Pre-Suit Wage Payments

Ogletree Deakins·

On April 4, 2022, in Reuter v. City of Methuen , the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed suit asserting a wage claim. In so holding, the SJC rejected an