Tag: Massachusetts

Commissioned, Retail Salespeople and Overtime or Sunday Pay On May 8, 2019, the Massachusetts State Supreme Court held in Sullivan vs. Sleepy LLC (SJC-12542) that retail salespeople who are paid entirely in commissions or draws (i.e., advances on commissions) are entitled to additional overtime or Sunday pay (pursuant to overtime law at Mass. Gen. Laws…

PFML Draft Regulations for Public Comment On March 29, 2019, the Massachusetts Department of Family and Medical Leave published updated, proposed regulations for the state’s Paid Family and Medical Leave (PFML) law for review and public comment. The department expects to release the final regulations ahead of the state’s July 1, 2019 deadline. The PFML…

Paid Family and Medical Leave Draft Regulations On January 23, 2019, the Massachusetts Department of Family and Medical Leave released draft regulations for the state’s Paid Family and Medical Leave that was enacted June 20, 2018. The law does not take effect until January 1, 2021 and these drafts are for public input only. The…

Data Breach Notification On January 10, 2019, Massachusetts Governor Charlie Baker signed legislation (H.B. 4806) amending employers’ breach notification requirements when Massachusetts residents are impacted by a data security breach. Specifically, employers are now required to include all of the following information to Massachusetts residents in their breach notifications: The right to obtain a police…

Veterans’ Right to Participate and Take Leave On August 9, 2018, Massachusetts Governor Charlie Baker signed legislation (S.B. 2632) requiring employers to allow eligible employees to participate in Memorial Day events and take leave to observe Veterans’ Day. Specifically, the law states the following: An employee who is a veteran, or a member of a…

Do you employ six or more workers in Massachusetts? If so, be sure that you or your payroll administrator complete the new Health Insurance Responsibility Disclosure (HIRD) required by the Commonwealth of Massachusetts by November 30. What You Need to Know It’s new. The new HIRD form is not the same as the forms and…

Noncompete Agreements and Trade Secrets On August 10, 2018, Massachusetts Governor Charlie Baker signed legislation (House Document 4868 which amended H.B. 4732) banning employment noncompete agreements in Massachusetts that: Are not in writing. Are not signed by employer and employee. Do not state that the employee has the right to consult with counsel prior to…

Paid Family and Medical Leave, Minimum Wage Increases, and Elimination of Sunday and Holiday Premium Pay for Retail Employees On June 28, 2018, Massachusetts Governor Charlie Baker signed legislation (H.B. 4640) enacting all of the following: Paid family and medical leave for covered individuals beginning January 1, 2021. The required contributions to the Family and…

Ban the Box Amendments On April 13, 2018, Massachusetts Governor Charlie Baker signed legislation (S.B. 2371) modifying the state’s current ban-the-box regulations as follows: Limiting the timeframe when an employer may ask an applicant about a misdemeanor conviction, or its resulting incarceration, to only three years before the date of his or her application for…

Attorney General Updates Guidance on the Equal Pay Act On March 1, 2018, the Massachusetts Office of the Attorney General released an updated guide providing information on the state’s Equal Pay Act. The guide provides an overview of the law, frequently asked questions covering a wide variety of subjects (definitions, permissible variations and prohibitions, liability,…