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
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Massachusetts Emergency Paid Sick Leave Will End March 15, 2022
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
Congress Ends Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims
Earlier this month, Congress passed a bill that will effectively end mandatory arbitration in workplace sexual assault and harassment cases, providing employees with a choice of proceeding with their claims in either court or via arbitration. The legislation, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“Act”) was passed by a bi-partisan majority
What Troubles May Lurk Ahead When It Comes to Treatment of Trust Interest in Divorce
I recently presnted at the New Hampshire Association of Justice’s 22nd Annual Family Law Forum on the topic of “What Troubles May Lurk Ahead When It Comes to Treatment of Trust Interest in Divorce.”
For a copy of the slide deck from this presentation, click here.
OSHA Withdraws Vaccine-or-Test Emergency Temporary Standard
On January 25, the Occupational Safety and Health Administration (“OSHA”) formally withdrew its Emergency Temporary Standard (“ETS”) on vaccinations, testing, and face coverings for large employers. This decision follows the Supreme Court’s January 13 order blocking enforcement of the ETS. While the Supreme Court’s action technically only stayed enforcement of the ETS pending further proceedings
IRS 2021 Accomplishments Letter Shows Retirement Plan Audit Activity Continues
U.S. Supreme Court Sets Oral Argument on Vaccine Mandates in the New Year
On January 7, 2022, the U.S. Supreme Court will hear arguments on the federal vaccine mandates for employers with 100 or more employees and for healthcare facilities receiving federal funds. The Court has ordered additional briefing on the issues and has set one hour for oral argument.
The Occupational Safety and Health Administration (“OSHA”) released
EEOC Updates Guidance To Address Whether COVID-19 Is a Disability
On December 14, 2021, the EEOC updated its guidance entitled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on how the definition of disability applies to COVID-19. The section includes helpful Q and A addressing when COVID-19 becomes an actual disability.
Sixth Circuit Dissolves Stay of OSHA ETS; OSHA Immediately Posts New Compliance Deadlines
On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay of the Occupation Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), which requires employers with 100 or more employees to adopt a policy either (a) mandating the COVID-19 vaccine for all employees or (b) mandating employees to show proof
Year End Bonuses and The Fair Labor Standards Act
As we enter the winter holiday season, many employers begin to contemplate paying year-end bonuses to employees. It is a nice gesture of appreciation for work performed throughout the year and welcomed by employees. However, the payment of bonuses continues to be an area where many employers fail to comply with the Fair Labor Standards