Mark W. Batten
Partner
Mark Batten is a partner in the Labor & Employment Law Department and co-head of the Class & Collective Actions Group.
Mark represents employers nationwide at all stages of complex employment litigation, including class and collective actions on wage and hour matters and discrimination claims. Ranked by Chambers USA, Mark is hailed as “a fabulous lawyer, handling interesting and complex cases.” Clients “highly recommend him to anyone seeking litigation counsel in the Boston area,” as well as note “he is responsive, pragmatic and team-oriented, and offers excellent legal advice.”
Subscribe to all posts by Mark W. Batten
On Monday May 18, 2020, Governor Baker announced the first phase of his administration’s much-anticipated plan to reopen Massachusetts (the “Plan”), nearly eight weeks after first ordering non-essential businesses to close and advising residents to stay home in light of the COVID-19 pandemic. In describing the phased reopening, the Governor repeatedly emphasized that the coronavirus … Continue Reading
The Massachusetts Department of Family and Medical Leave (“DFML”) has posted the much-anticipated final regulations regarding Massachusetts’ Paid Family and Medical Leave law (“PFML”). The final regulations come on the heels of Massachusetts lawmakers’ recent extension of key PFML compliance dates. While the final regulations are materially unchanged from the previous draft issued March 29th, … Continue Reading
With the original July 1, 2019 deadline for numerous provisions of the Commonwealth’s Paid Family and Medical Leave (“PFML”) legislation approaching in mere weeks, Massachusetts lawmakers have now issued a much-welcomed enforcement extension. The extensions comes as employers in the Commonwealth worked to comply with the new law. The amended legislation, announced earlier this week … Continue Reading
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 Judicial Court considered these questions in Sullivan v. Sleepy’s LLC, SJC-12542. The narrow questions the Court considered were whether … Continue Reading
[UPDATE: On June 11, 2019, state officials, including Governor Charlie Baker, issued a joint statement noting that the state has agreed to a three month postponement before companies will be assessed fees pursuant to the PFML, meaning the taxes will begin in October, 2019 rather than on July 1, 2019 as previously anticipated. We will continue … Continue Reading
On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act (“Wage Act”) violations must meet the certification standards set by Massachusetts Rule of Civil Procedure 23 (“Rule 23”), and cannot avail themselves of a lower bar to class certification. In Gammella v. P.F. Chang’s China Bistro, … Continue Reading
[UPDATE: On June 11, 2019, state officials issued a joint statement noting that the state has agreed to a three month postponement before companies will be assessed fees pursuant to the PFML, meaning the taxes will begin in October, 2019 rather than on July 1, 2019 as previously anticipated. In May, 2019, the Department of … Continue Reading
As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in settlement. The Wage Act (Mass. General Laws ch. 149 §§ 148, 150) awards costs and fees when an employee “prevails” … Continue Reading
Massachusetts employers’ decision-making processes with regards to lateral, internal employee transfers are now subject to possible state law discrimination claims. On January 29, 2019, the SJC issued its decision in Yee v. Massachusetts State Police, SCJ-12485, holding that when two jobs at the same level for the same employer offer “material differences” in compensation opportunity, … Continue Reading
On January 23, 2019, Massachusetts released draft regulations on the Paid Family and Medical Leave (“PFML”) Law, signed into law last summer (as previously discussed here) and set to begin taking effect this upcoming July. The Department of Family and Medical Leave released these draft regulations for public comment only, with the deadline for publication … Continue Reading
On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a bill making significant reforms to Massachusetts’ law regarding non-compete agreements, as well as adopting the Uniform Trade Secrets Act (“UTSA”) (joining 48 other states as well as DC in adopting the UTSA at least in part, and leaving New York as the lone … Continue Reading
On June 28, 2018, Governor Charlie Baker signed “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (HB 4640) into law. Last week, we covered three major changes the Act makes to Massachusetts law that employers should be aware of (available here). In short, the Act incrementally increases minimum … Continue Reading
On June 20, 2018, the Massachusetts legislature passed House Bill 4640, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday.” The bill increases minimum wage, eliminates premium Sunday pay for retail workers, and establishes a state paid family and medical leave insurance program. The bill also creates an annual … Continue Reading
On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in class or collective actions against their employer. Ruling 5-4 in favor of an employer’s right to … Continue Reading
In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor Relations Act. The opinion resolves a split among federal circuits, and reiterates—once again—the strong federal policy favoring arbitration. While … Continue Reading
Massachusetts Governor Charlie Baker recently signed Senate Bill No. 2371, “An Act Relative to Criminal Justice Reform,” into law. The law will go into effect October 13, 2018. Among the Act’s extensive criminal justice reform provisions are several important modifications to the “Ban the Box” anti-discrimination laws, outlined below, which will further restrict Massachusetts employers’ … Continue Reading
The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be reviewed in full, employers should take note of the following details: Coverage The MEPA and amendments are substantial in scope, covering … Continue Reading
As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few months, the Massachusetts Commission Against Discrimination (“MCAD”) has issued interpretative guidance (including initial guidance issued January 23, … Continue Reading
A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which proposes legislation that would prohibit enforcement of mandatory arbitration agreements “relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or … Continue Reading
On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against disability discrimination under state law, even though the use of marijuana remains illegal under federal law. While the decision addresses … Continue Reading
Massachusetts has passed an amendment to the state’s equal pay law aimed at strengthening prohibitions on gender discrimination in the payment of wages for comparable work. The new bill, signed by Governor Charlie Baker (R) this week and effective starting in July 2018, provides a definition of “comparable work” for purposes of analyzing pay equity … Continue Reading
This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court decision granting summary judgment to Sterling Jewelers Inc. (“Sterling”) on sex discrimination claims filed by the Equal Employment Opportunity Commission (“EEOC”). … Continue Reading
On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act. The Second Circuit … Continue Reading
Massachusetts Announces Four Phase Plan to Reopen
Final Massachusetts Paid Family and Medical Leave Regulations Published and Other PFML Updates
By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Leaves of Absences
Massachusetts Paid Family and Medical Leave Deadlines Extended
By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Leaves of Absences
Retail Salespeople Paid on Commission Are Entitled to Overtime and Sunday Pay, Massachusetts SJC Says
By Mark W. Batten and Thomas B. Fiascone on Posted in Wage and Hour
Updated: Massachusetts Employers Must Distribute Paid Leave Notice By June 30, 2019
By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Leaves of Absences
Massachusetts SJC Weighs in on Wage Act Class Actions and Offers of Judgment
By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Class/Collective Action, Wage and Hour
New Updates to Massachusetts Paid Family and Medical Leave
Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements
By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Class/Collective Action, Wage and Hour
Massachusetts SJC Holds Employers’ Denials of Lateral Transfers May Be Adverse Actions in Discrimination Cases
Massachusetts Releases Draft Regulations For Paid Family and Medical Leave Law
Massachusetts Passes Non-Compete Reform Law
By Mark W. Batten, Samantha Regenbogen Manelin and Laura Franks on Posted in Non-Competes and Protection of Corporate Assets
Massachusetts Governor Signs Minimum Wage, Family and Medical Leave Bill
By Mark W. Batten, Samantha Regenbogen Manelin and Laura Franks on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Massachusetts Legislature Passes Compromise Bill Increasing Minimum Wage, Establishing Paid Family and Medical Leave
By Mark W. Batten, Samantha Regenbogen Manelin and Laura Franks on Posted in Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers
By Mark W. Batten, Allan Bloom and Travis Hall on Posted in Class/Collective Action, Litigation and Arbitration
SCOTUS: Employers Can Compel Individual Arbitration of Wage and Hour Claims
By Allan Bloom and Mark W. Batten on Posted in Wage and Hour
Massachusetts Modifies “Ban the Box” Law
By Mark W. Batten, Samantha Regenbogen Manelin and Laura Franks on Posted in Hiring/Background Checks
Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law
By Mark W. Batten, Samantha Regenbogen Manelin and Laura Franks on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?
Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims
By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation
Massachusetts Pregnant Workers Fairness Act Becomes Law
Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use
Massachusetts Passes Pay Equity Bill Restricting Employers From Inquiring Into Applicants’ Wage History
By Mark W. Batten and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers
By Mark W. Batten and Jessica Childress on Posted in Discrimination, Harassment and Retaliation
Second Circuit Revives Putative Collective Action
By Mark W. Batten, Elise M. Bloom, Allan Bloom and Rebecca Sivitz on Posted in Class/Collective Action
