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.
Samantha Regenbogen Manelin
New Updates to Massachusetts Paid Family and Medical Leave
[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 …
Proskauer Unveils Employment Law Toolkit and Hosts #Metoo Panel at HR Transform
On March 26 – 28, 2019, Harris Mufson, Danielle Moss, and Samantha Regenbogen attended the second annual HR Transform conference in Las Vegas, Nevada. Proskauer was the exclusive legal sponsor of the conference. The HR Transform conference brought together business leaders and HR executives to discuss cutting edge issues regarding human resources and employee workplace…
Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements
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…
Massachusetts SJC Holds Employers’ Denials of Lateral Transfers May Be Adverse Actions in Discrimination Cases
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…
Massachusetts Releases Draft Regulations For Paid Family and Medical Leave Law
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…