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Massachusetts Delays Start To Paid Family And Medical Leave Program

Massachusetts Governor Charlie Baker, along with state house and senate leadership, just announced that they had agreed to implement a three-month delay to the Commonwealth’s robust Paid Family and Medical Leave program late on Tuesday. In a joint release, the leaders stated:

Potential Delay in Contributions to Massachusetts Paid Family and Medical Leave

In a joint statement issued earlier this week, Massachusetts governor Charlie Baker, state senate president Karen Spilka, and state house speaker Robert DeLeo announced a three-month delay to the contributions that will fund the state’s new paid family and medical leave program.

DFML Clarifies Key Issues for Employers

The Massachusetts Department of Family and Medical Leave (“DFML”) released new guidance on its website about how to comply with several provisions of the new Paid Family and Medical Leave Act (“PFMLA”).

Agreement in Place to Delay Required PFMLA Contributions Until October 1, 2019

Governor Charlie Baker, Senate President Karen Spilka, and House Speaker Robert DeLeo issued a joint statement on June 11, 2019, agreeing to amend the Massachusetts Paid Family and Medical Leave Act (PFMLA) and delay the required contributions until October 1, 2019. Support for delaying the contributions has grown since a coalition of business, labor, and social justice groups sent a letter to Baker, Spilka, and DeLeo on May 20, 2019.

Anticipated Three-Month Delay for Massachusetts Paid Family and Medical Leave Program

In a late night statement issued from Beacon Hill on June 11, 2019, Massachusetts Governor Charlie Baker, along with state house and senate leadership, announced that they agreed to implement a three-month delay to the state Paid Family and Medical Leave program. In the joint statement, the leaders explained:

Groups Request Delayed Start For Massachusetts Paid Leave Law

Led by Associated Industries of Massachusetts (AIM), a nine-member coalition of the Massachusetts business community, along with employee and low-income advocacy groups, just requested a three-month delay to the start of contributions to the Commonwealth’s nascent paid family and medical leave program.

Does Massachusetts Non-Compete Law Restrict Access to Federal Court or Arbitration?

The Massachusetts Noncompetition Agreement Act (Non-Compete Act) has yet to be tested, but its venue provision likely will come under special scrutiny. The venue provision governs the geographical location and forum in which a non-compete lawsuit may be maintained. Due to its apparent conflicts with federal law, the venue provision will likely be unenforceable to limit federal jurisdiction over related lawsuits or to prohibit or otherwise regulate arbitration of such lawsuits.

Massachusetts Paid Leave Update: Approved Private Plan Exemption Need Not Provide Benefits Until January 2021

There is some good news for employers subject to the Massachusetts Paid Family Medical Leave (PFML) and considering the availability of the private plan exemption.1 Previously, the Massachusetts Department of Family and Medical Leave (Department) took the position that an employer seeking a private plan exemption from the PFML program would need to provide benefits as generous as those offered under PFML at the time the exemption was approved.

Massachusetts Paid Family and Medical Leave Update: Template Notices for Employees, Extension of Deadlines, and Requested Guidance From the IRS

Here is the latest information on the Massachusetts Paid Family and Medical Leave Act (PFML) requirements since our last report on April 17, 2019. As the date for issuing final regulations and starting employer contributions draws near, the Department of Family and Medical Leave (DFML) continues to publish updates.

Commission-Only Inside Salespersons are Entitled to Overtime and Sunday Pay Under Massachusetts Law

Adhering to the “plain and ordinary” language of the state’s overtime statute and related regulations, the Massachusetts Supreme Judicial Court has held that inside sales employees paid on a 100% commission basis are additionally entitled to pay for overtime hours worked and premium pay for work on Sundays. Sullivan v. Sleepy’s LLC, 2019 Mass. LEXIS 244 (Mass. May 8, 2019).