Massachusetts Governor Charlie Baker announced that Phase III of the Massachusetts Reopening Plan will begin on Monday, July 6, 2020 along with an updated order on gatherings. For the City of Boston, Phase III and the gatherings order will take effect on Monday, July 13. Phase III allows additional sectors to reopen, including gyms, fitness centers, and museums. Governor Baker stated that this phase will last significantly longer than the first two phases. He also stated Phase IV will not begin until there are therapeutics or a vaccine available.
Articles About Massachusetts Labor and Employment Law.
Resources for Reopening Your Massachusetts Workplace
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Massachusetts Paid Family and Medical Leave: Draft Revisions to Regulations
On May 14, 2020, the Massachusetts Department of Family and Medical Leave (DFML) issued revised draft regulations to accompany the Massachusetts Paid Family and Medical Leave (PFML) law. The draft regulations come approximately one year after the DFML published “final” regulations and contain many substantive revisions, likely in response to
Main Street Lending Program — Federal Reserve Bank of Boston Issues Required Forms and Revised Guidance
On May 27, 2020, the Federal Reserve Bank of Boston (FRBB) released the legal forms and agreements for eligible borrowers and eligible lenders to participate in the Main Street Lending Program (MSLP). The FRBB also published updated Frequently Asked Questions (FAQs), which include numerous new questions and answers regarding eligibility,
MA Department of Family and Medical Leave Announces Update to Regulations
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Massachusetts Adopts Four-Phase Approach to Reopening
On May 18, 2020, Massachusetts Governor Charlie Baker announced details of the Baker-Polito administration’s four-phase approach to reopening Massachusetts and released guidelines and requirements for businesses resuming operations. The process will be data-driven and fluid with the expectation that there will be at least three weeks before the start of
Massachusetts Department of Family and Medical Leave Proposals Affecting Private Plan Exemptions
The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or self-funded plan exemption. Employers offering approved private plans may be exempt from making PFMLA contributions. The start date
Reopening Massachusetts: Information for Employers
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Massachusetts Releases Four-Phase Reopening Plan
On May 18, 2020, Massachusetts Governor Charlie Baker and the Massachusetts Reopening Advisory Board released the Reopening Massachusetts Report (the “Report”), which provides details regarding the state’s four-phase return-to-work plan. The Report provides that manufacturing facilities may reopen as of May 18, 2020, and certain other businesses, including offices
Proposed Amendments to the Massachusetts Paid Family and Medical Leave Regulations are Released for Public Comment
With less than eight months before benefits become available under the Massachusetts Paid Family and Medical Leave Law (PFML), the Massachusetts Department of Family and Medical Leave (Department) released proposed amendments to regulations previously finalized on July 1, 2019.
Massachusetts Agency Provides Guidance on Unemployment Benefits for Returning Employees and Employers’ Obligations
The Massachusetts Department of Unemployment Assistance (DUA) recently issued new guidance for employers, addressing a number of questions related to the effect returning to work will have on employees’ unemployment benefits and employers’ obligations. The guidance addresses topics including the effect on unemployment of an employee’s refusal to return
Massachusetts CORI Verification Requirements Temporarily Changed to Allow Use of Teleconference
Massachusetts has issued emergency regulations allowing employers to verify an individual’s identity by teleconference to comply with the state Criminal Offender Record Information (CORI) law during the current state of emergency caused by the COVID-19 crisis.
Massachusetts Enacts Emergency Regulation on CORI Verifications
On April 9, 2020, the Massachusetts’ Department of Criminal Justice Information Systems (DCJIS) passed an Emergency Regulation to address the social distancing limitations due to the COVID-19 pandemic. Any entity requesting criminal offender record information through DCJIS’s iCORI database (CORI) must first obtain the subject’s authorization. Previously, as part of this authorization process, the requesting party had to verify the subject’s identity in person by examining government-issued photo identification. If an in-person interaction was not possible, the CORI authorization must have been signed by the subject and certified by a notary public.
Massachusetts Court Provides Guidance on Joint Employer Liability and the Scope of the Outside Salesperson Exemption
In Jinks v. Credico (USA) LLC (March 31, 2020), Judge Kenneth Salinger in the Business Litigation Session of the Massachusetts Superior Court provided guidance on two important wage and hour issues. First, the court concluded that the “right-to-control” test was the appropriate method for determining whether two companies were “joint employers” for purposes of the Massachusetts wage and hour laws.
Massachusetts CARES: The Commonwealth Implements the CARES Act’s Unemployment Benefits
On Thursday, April 9, 2020, Massachusetts Governor Charlie Baker’s administration announced the partial implementation of unemployment benefits in accordance with the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
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