Photo: aldern82 via Flickr (CC by SA 2.0)

It took barely 24 hours before what is believed to be the first lawsuit  under the Massachusetts Equal Pay Act (“MEPA”) to be filed.  On Monday morning, July 2, suit was filed on behalf of Elizabeth Rowe, principal flautist for the Boston Symphony Orchestra, in Suffolk County Superior Court.  Rowe was hired for the role by the BSO in 2004, and the lawsuit claims that she has asked for years to be paid the same as the principal oboe player, a male.  She alleges that the role of principal oboe is the one most comparable to her position and that paying her some $70,000 less per year amounts to a violation of MEPA.


Continue Reading First Lawsuit Filed Under Massachusetts Equal Pay Act

A bill just passed by the Massachusetts House and Senate, with uncharacteristic speed and bipartisan support, has been touted as a “grand bargain,” meant to circumvent political wrangling over several contentious ballot questions slated to be put before the voters this fall. The wide-ranging bill establishes paid family and medical leave, raises the minimum wage, and eliminates premium Sunday pay, among other things. The bill now goes to Governor Baker, who is expected to sign the measure into law.
Continue Reading Massachusetts Legislators’ “Grand Bargain” Establishes Paid Medical Leave and Increases Minimum Wage

The U.S. Department of Labor recently initiated a nationwide pilot program referred to as the Payroll Audit Independent Determination (“PAID”) program.  The stated purpose of the program is to facilitate resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”).  The expectation is that FLSA claims will resolve more expeditiously and without litigation thus improving employer compliance with wage and hour laws and getting back wages to employees more quickly.

Continue Reading Are Businesses Ready to Turn Themselves In to the DOL?

This week, the Massachusetts Supreme Judicial Court ruled that unused accrued sick time does not constitute “wages” that must be paid upon termination under the Massachusetts Wage Act.  This decision, Mui v. Massachusetts Port Authority, resolves a previously unsettled question in Massachusetts wage and hour law.

Continue Reading Massachusetts High Court Rules That Unused Accrued Sick Time Is Not “Wages”

Last week, the Department of Labor issued new guidance on whether interns are “employees” covered by the Fair Labor Standards Act’s minimum wage and overtime provisions.  In the updated guidance, the DOL has adopted the “primary beneficiary test,” first applied by the U.S. Court of Appeals for the Second Circuit in 2015, and used by a growing number of courts in recent years.

Continue Reading DOL Issues New Guidance on Unpaid Internships

Photo: OTA Photos via Flickr (CC by SA 2.0)
Photo: OTA Photos via Flickr (CC by SA 2.0)

One of the key provisions of the new Massachusetts Equal Pay Act (which goes into effect on July 1, 2018) is that it prohibits employers from requiring prospective employees to disclose their salary history.  The reasoning behind this provision is as follows:  if employers are allowed to ask applicants about their salary history, and base compensation on the answers to those questions, applicants who have been on the receiving end of discriminatory pay practices in the past will continue to be hampered by past pay inequity throughout their careers.  If employers cannot base pay on what an applicant made previously, so the thinking goes, employers will have to set pay based on what the job is worth.


Continue Reading New Survey Shows How Questions About Prior Salary Harm Female Job Applicants

Photo: John Hilliard via Flickr (CC by 2.0)
Photo: John Hilliard via Flickr (CC by 2.0)

The winter season presents employers with many weather related issues ranging from obligations to keep outdoor areas safe to deciding whether to close the business for all or part of the day.  Closing the business due to inclement weather raises pay issues – what pay are employees entitled to when the business closes? It depends, in part, whether the employee is considered exempt or non-exempt and whether, the employee is paid on a salary basis.
Continue Reading Winter Weather and Employee Challenges – To Pay or Not to Pay?

Photo: Public Domain
Photo: Public Domain

Typically with an incoming administration there is a waiting period of sorts before changes in pending and certainly existing regulations kick in.  The current administration, however, appears to be working at an accelerated pace toward upending the status quo.  So, it appears time for a quick check-in on where we are and what to expect.

On Inauguration day, White House Chief of Staff Reince Priebus Jan. 20 instructed federal agencies to freeze all pending regulations, a move that seems to include a number of labor and employment initiatives that were in the works under the Obama administration.

This type of freeze is not unusual when a new president takes office.  An action of this nature does not necessarily mean that significant changes are coming, but given candidate Trump’s campaign promise to roll back regulation on business, we can at least predict that the administration will be in no rush to move on the pending matters.
Continue Reading Two Weeks Into the Trump Administration: Where are we with Labor and Employment Regulations?

Photo: Jason Lawrence via Flickr (CC by 2.0)
Photo: Jason Lawrence via Flickr (CC by 2.0)

Upon a motion for preliminary approval of the class-action settlement for $100 million, a federal court found that the settlement between Uber and drivers in two states was “not fair, adequate and reasonable” and denied approval.  It ordered the parties to confer about

Co-written by: Jacqueline Botchman, a third year law student at the University of New Hampshire School of Law

The U.S. Equal Employment Opportunity Commission on Wednesday, July 13, 2016 publicized a revised proposal to expand pay data collection through the Employer Information Report (EEO-1). The proposed revision would require private employers and federal contractors with