The Massachusetts Wage Act, G.L. c. 149, §148 (the “Wage Act”) requires employers to pay employees discharged from employment all wages owed on the date of discharge.  Employees who resign from their employment must be paid all wages on the next regular payday following the end of their employment.  This requirement to pay all wages owed to an employee upon separation of employment includes an obligation to pay all regular wages, as well as an obligation to pay the employee for any accrued, unused vacation and certain commission payments.  Failure to comply with the Wage Act’s strict time deadlines will result in mandatory awards against the employer of treble damages and attorneys’ fees.  Certain officers and agents having management of the company may also face individual liability for violations.

Continue Reading Massachusetts Employers Beware! Treble Damages Are Available When Employers Are Even One Day Late with Final Wage Payment to Employee

The Massachusetts law providing up to forty hours of paid sick leave to employees for COVID-related absences will expire on March 15, 2022 according to a notice issued by Executive Office for Administration and Finance on Monday.  The law, which was enacted in May 2021, was meant to be effective until April 1, 2022, or the exhaustion of a fund established by the legislature to reimburse employers for the paid leave, whichever occurred first.

Continue Reading Massachusetts Emergency Paid Sick Leave Will End March 15, 2022

On Thursday, September 29, 2022, Massachusetts extended the paid sick leave program until April 1, 2022. The reason for taking such leave have also been broadened. Irrespective of the number of full-time employees an employer may have, the paid sick leave mandate requires Massachusetts employers provide another 40 hours of paid time off in order to deal with several COVID-19 related issues.
Continue Reading Massachusetts Extends COVID-19 Emergency Sick Leave Into 2022

On July 9, 2021, President Biden signed an Executive Order which directed the Federal Trade Commission to curtail the use of non-competes nation-wide in order to help promote competition and expand the economy. At the moment, only three states forbid the use of non-compete clauses in employment agreements: California, North Dakota and Oklahoma. Nearly one dozen states – including Massachusetts – have put tough restrictions on the use and enforcement of non-compete agreements irrespective of which employees are required to sign same.

Continue Reading Non-Competes May Become a Thing of the Past Across the Nation

Beginning on May 28, 2021 and extending through the end of September, Massachusetts employees will be eligible for up to 40 hours of Emergency Paid Sick Leave providing paid time off for qualifying reasons related to the COVID-19 pandemic.

Continue Reading Massachusetts Enacts Temporary Emergency Paid Sick Leave Law Extending COVID-19 Paid Time Off Through September

Governor Charlie Baker announced on Tuesday, April 27 that as of April 30 masks will no longer be required in outdoor settings. Social distancing, however, must still be maintained.

Effective Monday, May 10, large indoor and outdoor venues will be allowed to increase capacity to 25%. Effective May 29, various other venues such as bars

The Massachusetts Executive Office of Health and Human Services has issued a guidance for Mass employers who may wish to have their employees vaccinated. The guidance is not a mandate, and is fairly complex regarding steps employers must take to have their employees vaccinated.

Continue Reading The Massachusetts Executive Office of Health and Human Services Issues Employer Vaccine Guidance on Heels of Federal EEOC Position Allowing Employers to Mandate Vaccines

In a recent decision, the Massachusetts Appeals Court ruled that the narrow public policy exception to the general principle that an “at will” employee can be terminated without cause does not apply to an employee fired for submitting a rebuttal to information in the employee’s personnel file.

Continue Reading Massachusetts Appeals Court Addresses Application of Public Policy Exception to At-Will Employment

On New Year’s Day, eligible Massachusetts workers will be able to begin receiving paid family and medical leave from the Department of Family and Medical Leave.  Here’s what employers need to know now…

Who is eligible for benefits?

  • W-2 employees
  • Contractors who receive a 1099-MISC form from a business that issues 1099-MISC forms to more than 50% of its workforce
  • Former employees who have been unemployed for 26 weeks or fewer


Continue Reading Massachusetts Paid Family and Medical Leave Benefits Become Available January 1, 2021 – Here’s What Employers Need to Know