On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment purposes, i.e., for the purpose of evaluating an individual for employment, promotion, reassignment, or retention as
Articles About Massachusetts Labor and Employment Law.
Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act
On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the Massachusetts Wage Act.
Massachusetts Updates Paid Family and Medical Leave Poster, Notice, Contribution and Benefit Amounts
The Massachusetts Department of Family and Medical Leave has released an updated version of its workplace poster for 2024 reflecting the Paid Family and Medical Leave Act (PFMLA) contribution and benefit increases that went into effect on Jan. 1, 2024. The poster must be posted in a location where it can be
Massachusetts Revises Paid Family and Medical Leave Guidance to Provide More Discretion to Employers
The Massachusetts Department of Family and Medical Leave (DFML) is ringing in the new year with new, more employer-friendly guidance regarding an employee’s ability to use paid leave to “top up” Paid Family and Medical Leave (PFML) benefits paid by the Commonwealth of Massachusetts. The guidance makes clear that
Construction Contractors and Certified Payroll Reports Under Massachusetts Prevailing Wage Law
Under the Massachusetts prevailing wage law (and most prevailing wage laws around the country), construction contractors performing construction on state-funded construction projects are required to pay employees the prevailing wages set by the state for work on the project. In addition, contractors are supposed to ensure that all subcontractors working on the project pay the proper prevailing wage.
Massachusetts Paid Family and Medical Leave Program: December 2023 End-of-Year Update
The Massachusetts Department of Family and Medical Leave (DFML) recently provided several significant updates related to the Commonwealth’s paid family and medical leave (PFML) program as 2023 comes to a close. Most recently, the DFML issued its updated 2024 notices, posters, and rate sheets. In the past month, it also
Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits With Accrued Paid Leave
After several years of evolving guidance, the Massachusetts Department of Family and Medical Leave (DFML) has announced that starting November 1, 2023, employees who apply for paid family and medical leave (PFML) benefits directly through the state program will be able to supplement (or “top off”) their PFML benefits with
Amended Massachusetts Paid Family and Medical Leave Allows ‘Topping Off’ Benefits With Accrued Sick, Vacation Pay
In the enacted state budget, the Massachusetts legislature has 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 employees receive from the state. The new law is effective November 1, 2023.
Critical Updates to the Massachusetts Paid Family and Medical Leave Law
Recent amendments to the Massachusetts Paid Family and Medical Leave law (PFML) now allow employees to supplement their weekly PFML benefit amount with accrued paid leave (vacation, sick time, PTO, etc.). PFML contribution rates and weekly benefits are also set to change.
Topping off With Accrued Paid Leave
Beginning
The Legislative and Ballot Initiative Landscape in Massachusetts
The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In addition, there are certified ballot initiatives that, if they ultimately make it on the November 2024 ballot, will allow
Massachusetts Updates Paid Family and Medical Leave Contribution Rates, Maximum Weekly Benefits for 2024
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, 2024.
Each October 1st, the Department of Family and Medical Leave is required to update employer contribution rates and benefit
U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption
A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023), has implications for the “material change” doctrine under Massachusetts law, the state’s prohibition against noncompetition covenants for registered nurses,
Massachusetts SJC Holds That COVID-19–Related Tolling Does Not Extend Time to File a Complaint at the MCAD
On July 11, 2023, the Massachusetts Supreme Judicial Court (SJC) declined to extend its early COVID-19 emergency orders to the time limits established for filing a complaint with the Massachusetts Commission Against Discrimination (MCAD).
THE MASSACHUSETTS WAGE ACT: NOT ONLY FOR THOSE IN MASSACHUSETTS
For Questions/More Information
To discuss how the decision affects your organization, and for assistance in evaluating your potential risk, please contact your HRW attorney or:
Sarah Ruter (sruter@hrwlawyers.com / 617-348-4334); Pete Moser (pmoser@hrwlawyers.com / 617-348-4323); or Any member of the HRW Team.
The
Is Pay Transparency and Reporting Coming to Massachusetts?
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 state regulators and create reporting obligations