Loading...

GETTING READY FOR MASSACHUSETTS EQUAL PAY ACT (March 2018)

March 14th, 2018|

The Massachusetts Equal Pay Act (“MEPA”) takes effect on July 1st.  Under the new law, employers may be liable for unpaid wages, double damages, and attorneys’ fees for unlawful gender-based pay disparities.

To prepare for the new law, we recommend that our clients conduct an internal analysis of their pay practices and take steps to eliminate pay disparities.  This internal analysis will both enable employers to remedy any problems before the law takes effect and can

DOL RELAXES RULES FOR UNPAID INTERNSHIPS (January 2018)

January 24th, 2018|

As summer hiring season approaches, many of our clients struggle with whether they can hire unpaid interns.  Generally, the Fair Labor Standards Act requires for-profit companies to pay all employees for their work.  However, for-profit companies can hire unpaid interns as long as the internship meets certain criteria.

Until this year, the test for unpaid internships was strict.  Employers needed to satisfy all elements of a six-factor test, which looked at whether the internship was educational

NEW YEAR’S RESOLUTIONS FOR OUR CLIENTS

January 9th, 2018|

The new year is a perfect time to do some housekeeping and make sure your employment policies and procedures are up-to-date.  For our clients, we recommend the following New Year’s resolutions for 2018:

1.  Respect in the Workplace Training

The end of 2017 saw a sea change in the world of sexual harassment.  While companies have always been responsible for setting the right tone and avoiding discriminatory and hostile environments, there has never been more attention on

AUDITING PAY PRACTICES IN PREPARATION FOR THE MASSACHUSETTS PAY EQUITY LAW AND THE REVISED EEO-1 FORM (July 2017)

July 19th, 2017|

Massachusetts Pay Equity

The Massachusetts Act to Establish Pay Equity takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages, benefits and other compensation, and attorney’s fees.

Before the law takes effect, we are encouraging our clients to conduct internal audits of their pay practices. The goal of these self-audits is two-fold. First,

UPDATING NON-COMPETES IN ANTICIPATION OF NON-COMPETE REFORM (February 2017)

February 27th, 2017|

Non-compete reform remains a high priority for the Massachusetts Legislature. At the end of the 2016 session, the Massachusetts House and Senate each passed their own versions of non-compete reform bills, but the houses could not agree on a final compromise bill before the legislative session closed.  We expect to see the Legislature focus attention on non-competes again in 2017, and we are recommending that our clients update their existing non-competes in anticipation of potential

WHEN WEATHER FORCES YOU TO CLOSE YOUR BUSINESS (February 2017)

February 17th, 2017|

With snow season in full swing, we have been fielding many questions from employers on whether employees need to be paid for snow day closures. The key questions to ask in deciding whether you must pay employees on a day you close your business are: (1) is the employee exempt or non-exempt; and (2) is the employer open all or part of the day?

EXEMPT EMPLOYEES

Employers must pay all exempt employees for the day if the

POT IS LEGAL IN MASSACHUSETTS NOW. CAN EMPLOYEES STILL BE FIRED FOR USING IT? (December 2016)

December 20th, 2016|

Marijuana became officially legal in Massachusetts starting on December 15th. We have been fielding a number of questions from our clients about the new marijuana legalization law.  In this newsletter, we provide guidelines for employers on how they can address marijuana use in the workplace.

Employees Can be Fired for Being High at Work

As with alcohol use, employees can be terminated for being intoxicated at work. If you suspect that an employee’s substance use – of

STATE AND LOCAL MINIMUM WAGES INCREASING ON JANUARY 1, 2017

December 7th, 2016|

We do not expect the incoming Trump Administration to introduce much federal legislation or implement new regulations on employment issues. As a result, progressive states and cities will be driving changes in these areas as they enact their own employment laws that exceed the federal rules.  On a practical level, this means that multi-state (and multi-city) employers will need to comply with a honeycomb of different local and state rules and regulations depending on where

FEDERAL DISTRICT COURT ENJOINS IMPLEMENTATION OF THE NEW FLSA OVERTIME REGULATIONS (November 2016)

November 23rd, 2016|

Last week, we reminded you that the new Fair Labor Standards Act (FLSA) overtime regulations, which raised the minimum salary for exempt employees to $47,476 (more than double the current threshold) were still slated to take effect on December 1, 2016. At the same time, we warned you that the regulations could be enjoined by a federal district court judge presiding over a lawsuit brought by 22 states and several employer groups.

Late yesterday, the district

UPCOMING OVERTIME CHANGES TAKE EFFECT DECEMBER 1, 2016 (November 2016)

November 17th, 2016|

As a reminder, new federal overtime regulations under the Fair Labor Standards Act (“FLSA”) are still slated to take effect on December 1, 2016.  Among other changes, the new regulations raise the minimum salary for exempt employees from $23,660 to $47,476.  For an overview of the new requirements, please see our newsletter from earlier this year:

http://law.marshallhalem.com/dol-announces-final-rule-raising-minimum-salary-exempt-employees-may-2016/

We are fielding many questions from clients about the ongoing battles – both in Congress and in court –