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The highest state court in Massachusetts, the Supreme Judicial Court (“SJC”), recently declared that the Massachusetts Paid Family and Medical Leave Act (“PFMLA”), General Laws c. 175M, does not require an employer to guarantee the accrual of vacation and sick time during an employee’s PFMLA leave. Among other things, PFMLA gives eligible employees the right to take paid leave to bond with their child during the first year after the child’s birth, adoption, or placement in foster care.Continue Reading Massachusetts Supreme Judicial Court Finds that the Paid Family and Medical Leave Act Does Not Require an Employer Guarantee the Accrual of Vacation and Sick Time While the Employee is on Leave  

The Massachusetts Appellate Division of the District Court – North District recently issued a decision regarding whether retention bonuses constitute wages under the Massachusetts Wage Act, G.L. c. 149, § 148 (the “Wage Act”). In the matter of Nunez v. Syncsort Incorporated, NO. 23-ADCV-63NO, the court ruled that retention bonuses are not wages under the Wage Act and not subject to strict liability or treble damages under the Wage Act for failure to be timely paid.Continue Reading Court Rules Retention Bonuses Are Not Wages Under Massachusetts Wage Act

The IRS recently issued a new fact sheet to answer certain FAQs about the rules in SECURE 2.0 Act of 2022 (the “Act”) that give special rights under certain qualified retirement plans and IRAs to individuals impacted by major disasters that occur or occurred on or after January 26, 2021. The Act was enacted in December 2022 and amended certain sections of the Internal Revenue Code (the “Code”).

These FAQs provide guidance on what the relief consists of, who may claim such relief, and when such relief may be claimed. Relief of this nature has previously been provided on a disaster-by-disaster basis. These amendments make such relief permanent. The FAQs may be found here.Continue Reading IRS Releases Guidance on Disaster Relief Under Qualified Plans and IRAs

This year’s Massachusetts Employment Law Update presented by McLane Middleton’s employment attorneys will take place on Thursday, October 10, 2024 from 8:00a.m. to 12:30p.m. at the Crowne Plaza in Woburn. This half-day event will provide important legal updates relating to the human resource function of business. Join our employment attorneys in discussing the latest trends in employment law as we prepare you to manage your workforce in the coming year.Continue Reading 2024 Massachusetts Employment Law Update

Last week brought a major development in litigation surrounding the FTC’s sweeping rule that would ban and render unenforceable most non-compete clauses in employment contracts. Specifically, on August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan LLC, et al. v. FTC issued an order setting aside the FTC’s rule nationwide, meaning that the rule will no longer become effective on September 4, 2024 as scheduled.   Continue Reading Texas Federal Court Sets Aside the FTC’s Rule Banning Non-Competes, With the Court’s Order Having Nationwide Effect

New Hampshire has adopted a law that creates a private cause of action for discrimination based on hairstyles related to a person’s ethnicity.

On July 3, 2024, New Hampshire Governor Chris Sununu signed HB 1169-FN.  The law adopts a version of the Model CROWN Act (“Creating a Respectful and Open World for Natural Hair”), which has been adopted in some version by 25 other U.S. states. A more detailed description of the Model CROWN Act can be found here.Continue Reading New Hampshire Adopts New Law Prohibiting Workplace Discrimination Based on Protective Hairstyles

Until now, private employers in New Hampshire have been able to prohibit employees from storing guns in personal vehicles parked in employer parking lots.  Employers could prohibit all firearms on their premises, permit firearms, or place conditions on the right to possess firearms on the employer’s premises.  On July 15, 2024, Governor Sununu signed into law HB 1336, which restricts this right for most employers in New Hampshire.  The newly enacted law (i) grants employees the legal right to keep loaded firearms in their personal vehicles while entering or exiting the employer’s property or while the vehicle is parked on company premises, with only a few permissible restrictions, and (ii) restricts employers from requiring employees to disclose the presence of firearms or ammunition in an employee’s vehicle or searching an employee’s vehicle for a firearm or ammunition. Continue Reading Sununu Signs New Law Relating to Firearms in Employee Vehicles

Massachusetts has joined a growing list of states and other localities to implement pay transparency legislation.

On July 31, 2024, Massachusetts Governor Maura Healy signed into law Bill H.4890. The Bill contains new pay transparency and wage reporting requirements applicable to certain employers with employees in Massachusetts.Continue Reading Massachusetts Governor Signs Pay Transparency and Wage Data Reporting Law

In April 2024, the Department of Labor (DOL) issued its final rule raising the threshold salary requirements under the Fair Labor Standards Act (FLSA) for employees classified as exempt from overtime pay when working in excess of forty (40) hours in a seven (7) day workweek, (the “2024 rule”). The 2024 rule, scheduled to take effect July 1, 2024, increases the salary thresholds for the executive, administrative, and professional (EAP) exemptions, and highly compensated exemption (HCE). Specifically, the 2024 rule increases the EAP exemptions from $684 per week ($35,568 per year) to $844 per week ($43,888 per year) effective July 1st, and a subsequent increase on January 1, 2025, to $1,128 per week ($58,656 per year). For the HCE, the salary threshold will increase from $107,432 per year to $132,964 per year on July 1st, and a subsequent increase on January 1, 2025, to $151,164 per year.Continue Reading Court Scrutiny Faced by The Department of Labor’s New Rule Increasing Exempt Employee Salary Thresholds