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
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?
Employers must pay all exempt employees for the day if the
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
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
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
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:
We are fielding many questions from clients about the ongoing battles – both in Congress and in court –
The Massachusetts state legislature recently approved a new pay equity bill aimed at reducing the gender gap in wages. Governor Baker has indicated that he intends to sign the bill into law. This newsletter provides an overview of what employers need to know about the law now to prepare for these changes.
Once signed, the law will take effect on July 1, 2018.
Equal Pay for Comparable Work
The goal of the bill is to reduce pay
On May 10, 2016, we sent out a newsletter regarding the U.S. Department of Labor’s (“DOL’s”) proposed changes to the overtime regulations under the Fair Labor Standards Act (“FLSA”). http://law.marshallhalem.com/preparing-new-federal-overtime-exemption-rules. On May 18, the DOL published its Final Rule which will go into effect on December 1, 2016.
As an overview, the FLSA is the federal law that governs the payment of wages by most United States employers. Among other things, the FLSA establishes the
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law. The new law brings trade secrets under the penumbra of federal intellectual property law, and provides employers with additional remedies against employees who misappropriate their trade secrets. In this newsletter, we provide an overview of the new law and the steps that employers need to immediately take to update their employee agreements.
FEDERAL PROTECTION FOR TRADE SECRETS
For many employers, trade secrets
Overview of Anticipated Changes
In July 2015, the Department of Labor released proposed revisions to the Fair Labor Standards Act (FLSA) overtime exemption rules. Among these changes is a proposed increase to the minimum salary that an employee must be paid to be exempt from overtime laws. Currently, exempt employees must be paid at least $455 per week or $23,660 per year. Under the proposed rules, the minimum salary for exempt employees would double with exempt