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Recently, the Massachusetts Attorney General’s Fair Labor Division (“FLD”), which enforces the state’s wage and hour laws, published its answers to frequently asked questions (“FAQ”) that the FLD has been receiving from both employers and employees in the wake of COVID-19. The FAQ covers the following important issues:
On March 23, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Order No. 13: “Order Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More Than 10 People” (the “Order”). Please click here for a copy of the Order.
The Massachusetts Department of Unemployment Assistance (DUA) has issued emergency regulations (430 CMR 22.00 et seq) enabling employees who have been placed on “standby status” by their employer to be eligible for unemployment benefits. It is assumed that “standby status” includes both lay-offs and furloughs, so long as the employee has an “expected return to work date.”
This month, the Center for Disease Control and Prevention (“CDC”) published Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (officially named COVID-19 by the World Health Organization) to help prevent workplace exposures to acute respiratory illnesses, including COVID-19. While much is unknown about COVID-19 and how the disease spreads, COVID-19 is spreading person-to-person in China and some limited person-to-person transmission has been reported in other countries, including the U.S.
On September 24, the U.S. Department of Labor (DOL) announced a final ruleto update and increase the salary level required for an employee to qualify under the federal Fair Labor Standards Act (FLSA) as an exempt executive, administrative or professional employee.
Private employers with more than 100 employees, and certain federal contractors, have long been required to submit workforce demographic information annually to the EEOC (i.e., information regarding sex, race, ethnicity, organized by job category).
On June 14, 2019, the Massachusetts Department of Family and Medical Leave (“DFML”) posted a new update confirming that the Massachusetts legislature and Governor Charlie Baker have enacted legislation to delay by three months (1) the date on which employers must notify their workforce of their rights and obligations under the Paid Family Medical Leave Act (“PFMLA”), and (2) the start date for employer and employee contributions to the PFML program. The workforce notification deadline is now September 30, 2019, and the contribution start date is now October 1, 2019.
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”).
The Massachusetts Supreme Judicial Court (“SJC”) issued an important decision on May 8, 2019, in the matter of Sullivan et al v. Sleepy’s LLC et al regarding overtime and Sunday pay requirements for inside salespeople who are compensated entirely by commission.
Complying with the upcoming requirements of Massachusetts Paid Family Medical Leave Act (“PFMLA”) continues to be a bit of a moving target. The Department of Family and Medical Leave (“DFML”) is providing regular updates that address employer questions and concerns regarding the implementation of the new law.