In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the franchisor? This question was at the heart of a case involving five franchisees and the
Articles About Massachusetts Labor and Employment Law.
Revised Poster Requirement in Massachusetts Starting September 16, 2024
The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.
Massachusetts Mandates Pay Clarity: New Law Ensures Salary Transparency
The post Massachusetts Mandates Pay Clarity: New Law Ensures Salary Transparency appeared first on Hirsch Roberts Weinstein LLP.
Massachusetts Adopts Pay Transparency and Reporting Requirements
Massachusetts has enacted a new law imposing pay transparency and pay data reporting obligations on employers in the state. The law will take effect on July 31, 2025.
Massachusetts Joins Growing List of States Requiring Pay Transparency in Job Postings
Massachusetts Governor Maura Healey has signed into law “An Act Relative to Salary Pay Range Transparency,” requiring employers with at least 25 employees to include pay range information in job postings and advertisements. Covered employers will also need to provide pay range information directly to employees and applicants, upon request.
Massachusetts Enacts a New Pay Transparency Law
Massachusetts is the latest state to mandate salary transparency in job postings and disclosure of demographic and pay data to the government.
On July 31, 2024, Governor Maura Healey signed into law the “Frances Perkins Workplace Equity Act,” H.B. 4890. The law is named after Frances Perkins, the first woman
Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay
On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme violated the Massachusetts Wage Act for paying commission-based sales employees their overtime and Sunday premium pay out of their earned commissions.
Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes
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
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.