Brian Lewis on Employer Liability Issues

Service Charge Or Administrative Fee? A Distinction With A Difference, The Supreme Judicial Court Of Massachusetts Holds

Although it may have intended for a customer charge to be treated as an administrative overhead fee separate from gratuities paid to its employees, a country club’s reference to the amount as a “service charge” in some...more

9/9/2021 / Employer Liability Issues , Hospitality Industry , MA Supreme Judicial Court , Service Charges , Tipped Employees , Tips , Wage and Hour

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...more

6/13/2019 / Employer Liability Issues , Family and Medical Leave Act (FMLA) , Medical Leave , Paid Family Leave Law , Paid Leave , State Labor Laws , Wage and Hour

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...more

5/13/2019 / Employer Liability Issues , Over-Time , Sales Commissions , Salespersons , State Labor Laws , Wage and Hour

Massachusetts Extends Deadlines For PFMLA Notice To Employees And Private Plan Exemptions

In an effort to help businesses, on May 1, 2019, the Massachusetts Department of Family and Medical Leave (DFML) extended both the deadline to notify employees about the Massachusetts Paid Family and Medical Leave Act (PFMLA)...more

5/3/2019 / Employer Liability Issues , Employment Policies , Medical Leave , Paid Family Leave Law , Paid Leave , State Labor Laws , Wage and Hour

Massachusetts Releases Paid Family And Medical Leave Employee Template Notices

The Massachusetts Department of Family and Medical Leave (DFML) has released template notices employers may use to fulfill the notice requirement to employees and 1099-MISC independent contractors under the Massachusetts Paid...more

4/22/2019 / Employer Liability Issues , Employment Policies , Medical Leave , Paid Family Leave Law , Paid Leave , State Labor Laws , Wage and Hour

Massachusetts Department Of Family And Medical Leave Publishes Draft Paid Family Leave Regulations

The Massachusetts Department of Family and Medical Leave has published updated draft regulations implementing the Massachusetts Paid Family and Medical Leave Law (PFMLA) that, in many respects, substantially change or add to...more

4/3/2019 / Employer Liability Issues , Medical Leave , Paid Family Leave Law , Paid Leave , Paid Time Off (PTO) , Wage and Hour

Massachusetts Releases Paid Family And Medical Leave Employer Guide, Workplace Poster

The Massachusetts Department of Family and Medical Leave has released a new guide for employers on the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. The guide clarifies some questions generated by...more

3/28/2019 / Employer Liability Issues , Employment Policies , Medical Leave , Paid Family Leave Law , Paid Leave , Popular , State Labor Laws , Wage and Hour

Massachusetts Releases Draft Regulations, Contribution Rates For State Paid Family And Medical Leave

The Massachusetts Department of Family and Medical Leave has released draft regulations for the Massachusetts Paid Family and Medical Leave Act (G.L. c. 175M). The proposed regulations, released on January 23, 2019, track...more

1/29/2019 / Employer Liability Issues , Paid Leave , Paid Time Off (PTO) , Proposed Regulation , Rate of Pay , State Labor Laws , Wage and Hour

Massachusetts Adjusts Limits On Employer Inquiries Into Job Applicants’ Criminal History

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history...more

4/19/2018 / Background Checks , Ban the Box , Criminal Background Checks , Criminal Records , Employer Liability Issues , Hiring & Firing , Job Applicants , Popular

Massachusetts Pregnant Workers Fairness Act Update: Commission Guidance And Q&As Available

The Massachusetts Commission Against Discrimination (MCAD) on February 28, 2018, issued questions and answers (Q&A) to provide additional interpretive information about the Massachusetts Pregnant Workers Fairness Act (PWFA)....more

3/7/2018 / Breastfeeding , Employer Liability Issues , Employment Policies , Pregnancy , Pregnancy Discrimination , Pregnant Workers Fairness Act , Reasonable Accommodation , State Labor Laws

Massachusetts AG’s Office Issues Guidance On Equal Pay Law Set To Take Effect In July

On March 1, 2018, the Massachusetts Office of the Attorney General issued its much-anticipated guidance on the state’s new pay equity law, set to take effect on July 1, 2018. The Massachusetts pay equity legislation amended...more

3/6/2018 / Employer Liability Issues , Equal Pay , Job Applicants , Pay Equity Laws , Popular , Salary/Wage History , Wage and Hour

Massachusetts Strengthens Protections For Pregnant Workers

An amendment to the Massachusetts Fair Employment Practices Act, G.L. c. 151B, expressly includes pregnancy as a protected characteristic and expands accommodation requirements for pregnant employees. The amended law goes...more

8/1/2017 / Americans with Disabilities Act (ADA) , Employer Liability Issues , Pregnancy , Pregnancy Discrimination , Reasonable Accommodation

Brian Lewis

Jackson Lewis P.C.

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