Searching Content indexed under Employment and HR by McLane Middleton, Professional Association ordered by Published Date Descending.
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Vacation During FMLA Leave?
Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave Act?
United States
8 Aug 2019
NH Joins Ban On Non-Competes For Low-Wage Employees
Following both Massachusetts and Maine, New Hampshire will prohibit non-compete agreements for employees who earn an hourly rate that is equal to or lesser than double the federal minimum wage.
United States
31 Jul 2019
Decoding The Rights Of Gig Economy Workers
In an opinion letter dated April 29, 2019, the U.S. Department of Labor explains that some service providers working for a virtual marketplace company are independent contractors under the Fair Labor Standards Act.
United States
9 Jul 2019
SJC Weighs In On Standard For FMLA Abuse
On June 5, 2019 the Massachusetts Supreme Judicial Court issued a decision in DaPrato v. Massachusetts Water Resources Authority, SJC-12651, 2019
United States
9 Jul 2019
Massachusetts Leaders Agree To Three-Month Delay Of Paid Family And Medical Leave Law
A collective sigh of relief could be heard across the Commonwealth yesterday as anxious business owners, insurers, and employment lawyers heard the news that Massachusetts government
United States
24 Jun 2019
MA Department Of Paid Family And Medical Leave Issues First Round Of Complex Regulations
The Massachusetts Department of Family and Medical Leave has issued proposed regulations which are scheduled to go into effect July 1, 2019
United States
11 Jun 2019
Court's LGBTQ Ruling Awaited (May 2019)
The issue covered by these cases is whether sex discrimination, covered by Title VII of the 1964 Civil Rights Act, also prohibits discrimination
United States
7 Jun 2019
Has The Department Of Labor Relaxed Rules On Independent Contractors?
I recently read that the the U.S. Department of Labor has issued a ruling relaxing the laws on independent contractor classification.
United States
6 Jun 2019
Where Were The Chaperones? (NBOA's Net Assets, May/June 2019)
A story about a school trip to Washington, D.C., dominated the news cycle in January, especially the coverage of a student who appeared to engage in a staring contest with a Native American drummer outside of the Lincoln Memorial.
United States
28 May 2019
SJC Rules Massachusetts Retail And Inside Salespersons Entitled To Overtime And Sunday Premium Pay
The SJC, Massachusetts' highest court, issued its long awaited decision in Sullivan v. Sleepy's LLC, SJC-12542 on May 8, 2019.
United States
22 May 2019
US Supreme Court Will Decide Whether Sexual Orientation And Transgender Employees Are Protected Under Title VII
The US Supreme Court recently announced it accepted three cases that will determine the scope of "sex" discrimination under federal law.
United States
15 May 2019
DOL Says Some Gig Economy Workers Are Independent Contractors
In an opinion letter dated April 29, 2019, the U.S. Department of Labor explained that some service providers working for a virtual marketplace company are independent contractors under the Fair Labor Standards Act.
United States
15 May 2019
"You Shall Reap More Than You Sow" Under A New Interpretation Of The Massachusetts Overtime Statute's Agricultural Exemption
For several decades the Massachusetts overtime statute, G.L. c. 151, §1A, required generally that an employee
United States
9 May 2019
A New Age Of Pay Equity
April 2, 2019 marked the 13th anniversary of Equal Pay Day, a day first recognized by the National Committee on Pay Equity to raise awareness of the gender wage gap.
United States
6 May 2019
"Earned Wages" Not The Equivalent Of "Back Pay" Under Massachusetts Wage Act
The Supreme Judicial Court has just recently made it abundantly clear that for liability to hold under the Massachusetts Wage Act, G.L. c. 149, §148,
United States
30 Apr 2019
Do Employees Recover Attorney's Fees When A Massachusetts Wage Act Case Resolves Through A Settlement?
The Massachusetts Wage Act provides that an employee who "prevails" in an action to recover unpaid wages "shall … be awarded the costs of the litigation and reasonable attorneys' fees."
United States
4 Apr 2019
Department Of Labor Says That FMLA Leave Cannot Be Deferred
Last week, the U.S. Department of Labor's Wage and Hour Division issued an Opinion Letter in which it stated that an employer may not delay the designation of leave qualifying under the Family
United States
28 Mar 2019
NH Supreme Court Rules That Worker's Compensation Carrier May Be Required To Reimburse For Medical Marijuana
On March 7, 2019 the NH Supreme Court ruled that an employee's worker's compensation carrier was wrong to deny reimbursement for the cost of medical marijuana to an employee recovering from a work related injury.
United States
19 Mar 2019
Department Of Labor Releases Updated Overtime Proposed Rule Raising The Salary Level For Overtime Exemption
Yesterday, the U.S. Department of Labor released its long-awaited updated overtime rule proposal. Under the proposed rule, the minimum salary level at which an employee
United States
19 Mar 2019
President Trump's Budget Includes A Proposal For Paid Parental Leave
Yesterday, President Trump unveiled his new budget plan. Along with controversial plans to fund construction of a wall on the southern border ...
United States
18 Mar 2019
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