On December 13, 2021, the highest state court in Massachusetts ruled that the proper test for determining joint employer status under the state’s wage and overtime statutes is the “totality of the circumstances” test formerly...more
On December 13, 2021, the highest state court in Massachusetts ruled that the proper test for determining joint employer status under the state’s wage and overtime statutes is the “totality of the circumstances” test formerly...more
On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more
5/13/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
MA Supreme Judicial Court ,
Minimum Wage ,
Over-Time ,
Pay Rates ,
Retail Sales ,
Sales Commissions ,
Salespersons ,
State Labor Laws ,
Sunday Pay Laws ,
Wage and Hour
Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more
5/23/2016
/ Alternative Fee Arrangements ,
Arbitration Agreements ,
Class Action ,
Electronically Stored Information ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Human Resources Professionals ,
Litigation Fees & Costs ,
Race Discrimination ,
Risk Mitigation ,
Surveys
Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more
Employers have long known that the Supreme Court’s decisions in Twombly and Iqbal provide them with a powerful weapon in moving to dismiss broadly worded complaints filled with conclusory allegations but little factual...more