Effective January 1, 2027, there will be changes in how Massachusetts Paid Family and Medical Leave (“PFML”) employer contributions are allocated between family and medical leave. The change is intended to mitigate the tax consequences arising from recent IRS guidance regarding the federal tax treatment of Massachusetts PFML benefits. This client alert does not, and…
First Circuit Decision Serves as Important Reminder That Engaging In Protected Activity Does Not Immunize Employees From Discipline
A recent First Circuit Court of Appeals decision underscores that legitimate workplace discipline, performance management, and personnel decisions may proceed even after an employee engages in protected activity. The key is to, among other things, be consistent, adhere to lawful workplace policies—and when in litigation, trial strategies should be developed early. Key Takeaways Requesting reasonable…
POSTED IN: Employment Law
Federal Court Enforces Massachusetts Noncompete—and Provides Important Guidance for Employers
A recent federal court decision provides Massachusetts employers with important guidance on drafting and enforcing noncompetition agreements under the Massachusetts Noncompetition Agreement Act (“MNAA”). In Fresenius USA Manufacturing, Inc. v. Much, the court granted an employer’s request for a preliminary injunction and ordered a former executive to stop working for a direct competitor for the…
POSTED IN: Employment Law
Massachusetts Employers Beware: When It Comes to Payroll, “A Little Late” Can Be Very Expensive
The Massachusetts Wage Act imposes strict deadlines for paying wages, and inadvertent or short delays can create significant liability. In fact, even if an employee is paid only a day late, the employer has violated the Wage Act and thus owes the employee another two times the wages paid, plus attorneys’ fees. Accordingly, Massachusetts employers…
POSTED IN: Employment Law, News
New Massachusetts Requirement: Employers Must Give Employees Written Notice Within 48 Hours of an I-9 Inspection Notice
On August 5, 2026, Massachusetts enacted legislation requiring employers to provide employees with notice upon receiving a U.S. Immigration and Customs Enforcement (“ICE”) I-9 Notice of Inspection (“NOI”). [1] Pursuant to the newly enacted statute, the Massachusetts PROTECT Act,[2] employers must provide employees with written notice within 48 hours of receiving a Notice of Inspection…
POSTED IN: Employment Law, News
National Labor Relations Board Narrows Joint Employer Rule
On February 26, 2026, the National Labor Relations Board (NRLB) published a new final rule that made significant changes concerning the joint employer test (“Final Rule”). The Final Rule reverses the broader, worker-friendly standard established in October 2023 and reinstates the narrower, employer friendly test established in 2020. This Final Rule became effective on February…
POSTED IN: Employment Law, News
PFMLA Retaliation Verdict: Jury Awards $4.7M Against Wayfair
On April 27, 2026, a Suffolk Superior Court jury issued what appears to be the first plaintiff-side verdict validating a retaliation claim under the Massachusetts Paid Family and Medical Leave Act (PFMLA). In Boyle v. Wayfair, the jury awarded Plaintiff Mary Boyle approximately $4.7 million on her retaliation claims under the Massachusetts Fair Employment Practices…
POSTED IN: Employment Law, News
Defining Bonus Requirements: Essential to Keeping the Bonus Outside the Massachusetts Wage Act
Failing to clearly define a bonus’s measurable and objective requirements can have significant consequences for employers. This article examines a recent court decision in which an employee successfully argued that a quarterly bonus constituted “wages” under the Massachusetts Wage Act, underscoring the importance of understanding what qualifies as “wages” under the Act, and importantly, why…
POSTED IN: Employment Law
Management Trainings: An Invaluable Investment for Businesses Seeking to Avoid Being Sued
Employment law is constantly evolving as courts issue groundbreaking decisions and new statutes are enacted at both the state and federal level. As a result, regularly conducting employment-related risk management training has become increasingly important for employers. Areas that warrant particular attention include, among others, management best practices, wage-and-hour compliance, workplace harassment prevention, and personnel…
POSTED IN: Employment Law, News
Michelle De Oliveira Appointed to MCLE Employment Committee
Congratulations to RIW’s Michelle De Oliveira on her appointment to the Massachusetts Continuing Legal Education (MCLE): Employment Law Curriculum Advisory Committee! CAC members are selected from practitioners who have achieved recognized distinction in their area of practice. Michelle’s appointment reflects the depth of knowledge and unwavering commitment to the profession, which she has consistently demonstrated…
POSTED IN: Employment Law, News