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
Seyfarth Synopsis: Employers must notify current and new employees of the 2023 updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave (PFML) Law. The Department of Family and Medical...more
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
On April 4, 2022, the Massachusetts Supreme Judicial Court adopted an even more employee-friendly approach to damages for Wage Act violations in the Bay State. In Reuter v. City of Methuen, No. SJC-13121 (Mass. April 4,...more
Seyfarth Synopsis: Massachusetts rolled out its Paid Family and Medical Leave (PFML) benefits in two phases, with most benefits available as of January 1, 2021. Paid leave benefits to care for a family member with a serious...more
Seyfarth Synopsis: Massachusetts Paid Family and Medical Leave (PFML) benefits are now available for Massachusetts workers. On January 12, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued...more
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
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
As we reported last week, on May 8, 2020, the Department of Paid Family and Medical Leave (DFML) issued proposed amendments to the Paid Family and Medical Leave (PFML) regulations and announced a public hearing and formal...more
On Friday, May 8, 2020, the Massachusetts Department of Family and Medical Leave (DFML) published proposed amendments to the regulations governing the Paid Family and Medical Leave (PFML) Law. ...more
In an attempt to extend the reach of state wage/hour laws to reach more defendants, Plaintiffs’ lawyers have sought to expand the employment relationship in a variety of ways. ...more
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
1/27/2020
/ Compensation & Benefits ,
Department of Revenue ,
Employee Benefits ,
Employer Contributions ,
Employer Liability Issues ,
Medical Leave ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Payroll Records ,
Quarterly Report ,
State and Local Government ,
State Labor Laws ,
Tax Planning ,
W-2 ,
Wage and Hour
Seyfarth Synopsis: As the Massachusetts Paid Family and Medical Leave (“PFML”) law enters the first quarter of PFML contributions, the Department of Paid Family and Medical Leave (“DFML”) has released additional guidance on...more
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
6/19/2019
/ Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Required Forms ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
6/19/2019
/ Delays ,
Employer Contributions ,
Employer Liability Issues ,
Implementation Day ,
New Legislation ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Payroll Deductions ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: This week, the Massachusetts Governor, Senate President and House Speaker issued a joint statement confirming that they have agreed to adopt a 3-month delay to the start of required contributions under the...more
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
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Seyfarth Synopsis: In response to feedback from the public listening sessions held around the Commonwealth, as well as engagement efforts, the Massachusetts Department of Family and Medical Leave (DFML) announced several...more
Seyfarth Synopsis: As previously announced, yesterday, the Massachusetts Department of Family and Medical Leave (DFML) made available the online application for private plan exemptions under the Paid Family and Medical Leave...more
Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more
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
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
Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act. The SJC held that board members and directors...more
Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved...more