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First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Sweeping Changes to Enforcement of the Massachusetts Wage Laws May Be On the Horizon, and It’s Not Good News for Employers

In 2008, the Massachusetts legislature cracked down on employers who violate the Commonwealth’s wage laws by imposing mandatory treble damages and attorneys’ fees for any violation, with no leniency for good faith errors. ...more

Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave

Seyfarth Synopsis:  With Massachusetts Paid Family and Medical Leave (PFML) benefits becoming available on January 1, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued several updates, a new...more

Massachusetts Finalizes Amendments To PFML Regulations

This past week, the Massachusetts Department of Family and Medical Leave (DFML) released an unofficial version of the final amendments to the Paid Family and Medical Leave (PFML) regulations following a public hearing and...more

Massachusetts Issues Guidance On Insured Private Paid Family And Medical Leave Plans

On Tuesday, April 7, 2020, the Massachusetts Department of Family and Medical Leave (DFML) published important guidance from the Division of Insurance (DOI) for employers opting out of the Commonwealth’s Paid Family and...more

Massachusetts PFML Quarterly Returns and Contributions Due By January 31, 2020

Seyfarth Synopsis: Yesterday, the Department of Family and Medical Leave (DFML) reported on guidance it received from the Department of Revenue regarding how employers participating in the Commonwealth’s Paid Family and...more

Department of Family and Medical Leave Releases Final PFML Regulations And New Template Worker Notice Forms

Seyfarth Synopsis: Earlier yesterday, the Department of Family and Medical Leave (DFML) issued its final regulations for the Massachusetts Paid Family and Medical Leave (PFML) Law. ...more

Governor Signs Legislation Amending Massachusetts Paid Family And Medical Leave Law And DFML Extends Worker Notice And Private...

Seyfarth Synopsis: On June 13, 2019, Governor Baker signed into law S 2255, officially delaying the start of the payroll deductions for the Massachusetts Paid Family and Medical Leave (PFML) program by three months to...more

Breaking News—Massachusetts DFML Clarifies That Businesses Do Not Have To Provide Written Notice To 1099 Contractors Where Such...

Seyfarth Synopsis: The Massachusetts Department of Family and Medical Leave (DFML) has clarified that employers are not required to provide their 1099-MISC contractors the written notice of Paid Family and Medical Leave...more

Breaking News – Massachusetts DFML Confirms That Employers May Be Approved Now For Private Plans That Do Not Provide Paid Leave...

Seyfarth Synopsis: In important breaking news, the Massachusetts Department of Family and Medical Leave (DFML) has changed its position and has confirmed that employers may receive approval of a private paid family or medical...more

Massachusetts DFML Releases Template Paid Family And Medical Leave Notices And Sets May 31, 2019 Distribution Deadline

Seyfarth Synopsis: On Wednesday afternoon, the Massachusetts Department of Family and Medical Leave (DFML) posted template notices for employers to provide to each Massachusetts employee and self-employed 1099-MISC contractor...more

Tips On Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #2: Consider Conducting a Pay Equity Audit

Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more

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