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Massachusetts - General

Massachusetts Top Court Issues Key Ruling Impacting Independent Contractors

Littler·

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc. , the SJC was asked whether the three-prong test for independent contractor status set forth in Massachusetts’ s

Massachusetts - General

Massachusetts Poised to Grant Driver’s Licenses to Undocumented Immigrants

Jackson Lewis P.C.·

Massachusetts is on its way to joining 16 other states that grant driver’s licenses to undocumented immigrants. On February 16, 2022, the Massachusetts House of Representatives passed The Work and Family Mobility Act by an overwhelming majority vote of 120 to 36. The bill is expected to pass the Mas

Massachusetts - General

Massachusetts to End COVID-19 Emergency Paid Sick Leave

Jackson Lewis P.C.·

The Massachusetts COVID-19 Emergency Paid Sick Leave Program will end on March 15, 2022, the state has announced.

Massachusetts - General

Massachusetts COVID-19 Emergency Paid Sick Leave Act to End on March 15, 2022

Ogletree Deakins·

On May 28, 2021, Massachusetts Governor Charlie Baker signed into law an act requiring eligible Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for COVID-19–related reasons. On September 29, 2021, Governor Baker approved an extension of the law, title

Massachusetts - General

Massachusetts Paid Family and Medical Leave: February 2022 Update

Ogletree Deakins·

The Massachusetts Department of Family and Medical Leave (DFML) continues to issue, update, and consolidate guidance on the Massachusetts Paid Family and Medical Leave Act (PFML). Here is a summary of additional guidance released by the DFML in early 2022, which further updates our 2021 year-end art

Massachusetts - General

Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan

Ogletree Deakins·

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee discharged for submitting a written rebuttal to his employer in response to the placement of negative information in his personnel file can state a claim against the employer for wrongful termination in viola

Massachusetts - General

Massachusetts Adopts Mask Advisory in Response to Surging COVID-19 Cases

Jackson Lewis P.C.·

Massachusetts Governor Charlie Baker has announced the Massachusetts Department of Public Health (DPH) advises that all residents, regardless of vaccination status, wear a mask or face covering when indoors (and not in their own homes).

Massachusetts - General

“B Together” – Boston’s New Vaccination Mandate

Littler·

On December 20, 2021, the City of Boston announced a new vaccination mandate, the “Temporary Order Requiring COVID-19 Vaccination for Indoor Entertainment, Recreation, Dining, and Fitness Settings in the City of Boston” (the “Order”), or, as City Hall calls it, “B Together.” Unlike the recent New Yo

Massachusetts - General

Boston: Proof of COVID-19 Vaccination to Enter Certain Indoor Venues; Workers Must Be Vaccinated

Jackson Lewis P.C.·

Newly elected Boston Mayor Michelle Wu has announced that, starting on January 15, 2022, individuals will be required to show proof of vaccination against COVID-19 in order to enter certain indoor spaces in Boston. People working in those locations also will be required to have received their vaccin

Massachusetts - General

Massachusetts Paid Family and Medical Leave: 2021 End-of-Year Update

Ogletree Deakins·

The Massachusetts Department of Family and Medical Leave (DFML) has continued to issue guidance and clarifications regarding the Massachusetts Paid Family and Medical Leave Act (PFML) since the law went into effect in January 2021.

Massachusetts - General

Massachusetts Court Ruling Highlights Importance of Employer Responses to Personnel File Requests in Motions to Compel Arbitration

Ogletree Deakins·

Judge Shannon Frison, sitting in the Middlesex County Superior Court in Massachusetts, recently issued a ruling that highlights for employers the importance of providing complete and timely responses to requests for employee personnel files. Judge Frison’s ruling arose in the context of an employer’

Massachusetts - General

Massachusetts Updates Paid Family and Medical Leave Contribution Rates, Maximum Benefit Payment Limits for 2022

Jackson Lewis P.C.·

The Massachusetts Department of Family and Medical Leave has announced the employer contribution rates and benefit amounts under the state Paid Family and Medical Leave Act (PFMLA) beginning January 1, 2022.

Massachusetts - General

Massachusetts COVID-19 Emergency Paid Sick Leave Extended to April 1, 2022

Ogletree Deakins·

On May 28, 2021, Massachusetts Governor Charlie Baker signed into law “An Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave.” The act requires eligible Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for COVID-19–related reasons.

Massachusetts - General

Massachusetts Supreme Judicial Court Addresses ‘Service Charges’ Under the Massachusetts Tips Act

Ogletree Deakins·

Massachusetts is seeing an increase in Tips Act claims, and the Massachusetts Supreme Judicial Court (SJC) just reinforced that a lack of clarity in fee- and tip-related documentation may result in employer liability, including mandatory treble damages and attorneys’ fees. The Massachusetts Tips Act

Massachusetts - General

Massachusetts High Court’s Ruling on the Domestic Violence and Abuse Leave Act Holds Lessons for Employers

Littler·

On August 25, 2021, the Supreme Judicial Court (SJC), the highest court in Massachusetts, ruled on the elements of a retaliation claim under the Domestic Violence and Abuse Leave Act (DVLA). The SJC held that an employer could be liable for retaliation under the DVLA where it rescinded an individual

Massachusetts - General

Boston Mandates Face Coverings Indoors Effective August 27, 2021

Jackson Lewis P.C.·

The City of Boston has announced that, in response to the ongoing COVID-19 pandemic, it will require individuals to wear face coverings “whenever they are indoors on the premises of a business, club, place of assembly or other place that is open to members of the public, including but not limited to

Massachusetts - Wage & Hour

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

Ogletree Deakins·

On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union , the First Circuit held that the Labor Management Relations Act (LMRA) preempte

Massachusetts - General

Massachusetts COVID-19 Emergency Paid Sick Leave: What Employers Need to Know

Ogletree Deakins·

On May 28, 2021, Massachusetts Governor Charlie Baker signed into law “An Act providing for Massachusetts COVID-19 emergency paid sick leave.” The act requires eligible Massachusetts employers to provide emergency paid sick leave to employees who meet certain criteria, with reimbursement by the Comm

Massachusetts - General

Massachusetts Employers Must Provide Up to 40 Hours of COVID-19 Emergency Paid Sick Leave

Jackson Lewis P.C.·

Massachusetts has established a statewide mandate for employers to temporarily provide employees up to 40 hours of COVID-19 Massachusetts emergency paid sick leave (MA EPSL) when they are unable to work due to specific qualifying reasons related to the pandemic.