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
Beginning on November 1, 2023, Massachusetts employees who receive PFML benefits from the Department of Family and Medical Leave (DFMU may supplement their leave benefits with accrued vacation, sick time, or other available employer-provided accrued paid leave benefits. This is a sweeping change as Massachusetts employers were previously prohibited from allowing employees to supplement (or…
POSTED IN: Employment Law
On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard to evaluate whether employer workplace policies or rules infringe upon an employee’s rights to engage in concerted activity under Section 7 of the National Labor Relations Act (NLRA). Under the new burden-shifting framework, employers must ensure that workplace policies are narrowly…
POSTED IN: News
Earlier this year, the National Labor Relations Board (NLRB) issued a groundbreaking decision, McLaren Macomb, in which it held that severance agreements with broad confidentiality and broad non-disparagement provisions violate the National Labor Relations Act (NLRA) by, among other things, unlawfully restricting employees’ rights to engage in concerted activity or join together to advance their…
POSTED IN: Employment Law
