Thomas B. Fiascone
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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
Massachusetts Paid Family and Medical Leave Deadlines Extended
By Mark W. Batten, Samantha Regenbogen 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 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 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 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
By Mark W. Batten, Samantha Regenbogen and Thomas B. Fiascone on Posted in Discrimination, Harassment and Retaliation
