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Home > State Law Articles > Massachusetts

Articles About Massachusetts Labor and Employment Law.

Proposed Amendments to the Massachusetts Paid Family and Medical Leave Regulations are Released for Public Comment

May 15, 2020 | Littler Filed Under: General (MA)

Littler

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

May 11, 2020 | Littler Filed Under: General (MA)

Littler

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

April 29, 2020 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

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

April 27, 2020 | Littler Filed Under: General (MA)

Littler

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

April 12, 2020 | Littler Filed Under: General (MA)

Littler

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

April 12, 2020 | Littler Filed Under: General (MA)

Littler

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).

Massachusetts Department of Paid Family Leave Releases New Guidance

April 12, 2020 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

The current circumstances surrounding the COVID-19 crisis have brought paid family and medical leave to the forefront of the national consciousness. While the federal government and other states have created new, immediately effective, paid family and medical leave laws, Massachusetts has remained committed to the existing timeframe for the Paid Family and Medical Leave Act (PFMLA), which will be effective January 1, 2021.

MA AG’s Fair Labor Division Publishes COVID-19 FAQ

March 25, 2020 | Hirsch Roberts Weinstein LLP Filed Under: General (MA)

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:

MA Governor Orders Closing of Non-Essential Workplaces & Facilities

March 25, 2020 | Hirsch Roberts Weinstein LLP Filed Under: General (MA)

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.

Massachusetts Governor Orders All Nonessential Businesses and Organizations to Close Facilities

March 23, 2020 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

On March 23, 2020, Massachusetts Governor Charlie Baker issued an Order requiring all nonessential businesses and organizations to close their physical workspaces and facilities to customers, workers and the public. This Order came days after the Massachusetts Department of Public Health reported the state’s first death from COVID-19. A copy of the Governor’s Order is here.

New Emergency Regulations Enable MA Workers Experiencing Temporary Lack of Work Caused by COVID-19 to Collect Unemployment Benefits

March 18, 2020 | Hirsch Roberts Weinstein LLP Filed Under: General (MA)

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.”

Massachusetts High Court Upholds Enforcement of Employee Non-Solicitation Covenant

January 26, 2020 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

Over the past few years, legislators and government agencies at both the state and federal levels have pushed reforms limiting the use of non-competes and other restrictive covenants by U.S. businesses. Some of those efforts have extended to covenants that restrict a party’s ability to solicit and/or hire employees who are not party to the agreements in question.

Anti-Raiding Provision Upheld by Massachusetts High Court

January 23, 2020 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

Restrictive covenant matters rarely make it through the appellate courts. This is true for a number of reasons, including the fact that the time-sensitive nature of restrictive covenant litigation often compels parties to achieve a resolution before their case can work its way through the court system. The dearth of appellate case law is even more pronounced for anti-raiding covenants, which appear to provoke fewer lawsuits than non-compete and customer non-solicitation covenants.

Massachusetts Governor Announces Cybersecurity Program

November 15, 2019 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

State and local governments have increasingly become targets of cybersecurity attacks. This year cybersecurity attacks on Baltimore and Lincoln County, North Carolina reportedly will cost those government entities $18.2 million and as much as $400,000, respectively to recover from the attacks. Last year, Atlanta spent more than $7 million to recover from a ransomware attack. A report by cybersecurity firm Coveware shows that governments paid almost 10 times as much money on average in ransom as their private-sector counterparts over the second quarter of 2019.

Withholdings to Fund Massachusetts Paid Family and Medical Leave Set to Begin October 1

September 30, 2019 | Jackson Lewis Filed Under: General (MA)

Jackson Lewis

After an initial delay, payroll and wage withholdings to fund the Massachusetts paid family and medical leave program are set to begin on October 1. The Massachusetts Paid Family and Medical Leave Act (PFMLA) established a fund that will allow employees in the Commonwealth to begin taking paid leave in 2021 for their own serious health condition or to care for a family member with a serious health condition. Employers will contribute to the state created fund through a contribution of .75% of employee wages up to the social security cap, currently set at $132,900 per individual for 2019.

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