Law and the Workplace
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Massachusetts Employers Must Distribute Paid Leave Notice By May 31, 2019

As the Department of Family and Medical Leave (“DFML”) prepares to issue final regulations in coming months, the Commonwealth has begun posting a number of documents to assist employers and workers prepare for the new Paid Family and Medical Leave (“PFML” Law), including summary guides of the PFML law (one directed at employers and one … Continue Reading

Massachusetts SJC Weighs in on Wage Act Class Actions and Offers of Judgment

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

New Updates to Massachusetts Paid Family and Medical Leave: Preparing for July 1st

Paid Family and Medical Leave is on its way to Massachusetts.  In its latest update, the Commonwealth’s Department of Family and Medical Leave (“DFML”) published proposed regulations on March 29, 2019 for public comment.  After the next round of revisions, the final Paid Family Medical Leave (“PFML”) regulations will become effective July 1, 2019.  The … Continue Reading

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 employee “prevails” … Continue Reading

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 opportunity, … Continue Reading

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 publication … Continue Reading
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