The Massachusetts Pay Transparency Act’s pay range disclosure requirements for employers with 25 or more employees are now in effect. Businesses should ensure that they understand their obligations and comply with the new requirements. Key Takeaways Effective Date: Pay range disclosure requirements took effect on October 29, 2025. Covered Employers: Pay range disclosure requirements apply…
POSTED IN: Employment Law
Encountering reasonable accommodation requests and employee disability disclosures appears inevitable; and employers of all sizes are destined to encounter these at one point or another. For this reason, having the preliminary roadmap below with important employer considerations is a sound business practice given the legal exposure that may result from inadvertent missteps along the way.[1]…
POSTED IN: Employment Law
In a unanimous decision, the United States Supreme Court held, in E.MD. Sales, Inc. v. Carrera, that employers are not required to meet a heightened standard of proof to establish that a Fair Labor Standards Act (FLSA) exemption applies. Rather, employers need to meet a lower preponderance of the evidence standard, the default standard of…
POSTED IN: Employment Law
On January 20, 2025, President Trump issued a series of Executive Orders focused on state and federal immigration law enforcement, border security, detention, and removal of individuals unlawfully present in the United States. On the same day, Acting Department of Homeland Security Secretary Benjamine Huffman issued two directives aimed at empowering law enforcement officials to…
POSTED IN: Employment Law
On November 15, 2024, the U.S. District Court for the Eastern District of Texas, in Texas v. Department of Labor, struck down the U.S. Department of Labor’s (DOU Final Rule that increased the salary thresholds for the white-collar overtime exemptions under the Fair Labor Standards Act (FLSA). Finding that the DOL overstepped its authority, the…
POSTED IN: Employment Law
Starting November 21, 2024, qualifying reasons for an employee’s use of earned sick time under Massachusetts’ Earned Sick Time Law (M.G.L. c. 149, § 148C) will include the physical or mental health care needs as a result of the employee’s or the employee’s spouse’s “pregnancy loss or a failed assisted reproduction, adoption or surrogacy.” This…
POSTED IN: Employment Law
On April 1, 2024, the U.S. Occupational Safety and Health Administration (“OSHA”) published a final rule, amending its existing “walkaround” rule, and expanding employees’ rights by allowing employees to designate non-employee third parties as their employee representative during OSHA inspections. The new rule’s effective date is May 31, 2024. Current Walkaround Rule Prior to this…
POSTED IN: Employment Law
Commission-based employees are entitled to, and must receive, separate and additional payments for overtime and hours worked on Sundays-and an employer’s failure to issue such payments violates the Massachusetts Wage Act. On March 28, 2024, the Massachusetts Supreme Judicial Court (“SJC”) issued a decision in Sutton v. Jordan’s Furniture Inc., holding that Jordan’s Furniture’s commission…
POSTED IN: Employment Law
The question of whether an out-of-state employee may reap the benefits of Massachusetts law, including the Massachusetts Wage Act, requires an important analysis that is both in-depth and fact specific. In Wilson v. Recorded Future, Inc., et al., the United States District Court for the District of Massachusetts held that the Massachusetts Wage Act and…
POSTED IN: Employment Law
On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a Final Rule that revises the applicable standard to determine whether two or more entities may be considered joint employers under the National Labor Relations Act (“NLRA”). The test is more expansive than the previous test and warrants a close examination. Effective Date The…
POSTED IN: Employment Law
