Key Takeaways:

• Effective September 18, 2023, employers and employment agencies will be required to list the salary or salary range, and job description, for all advertised jobs, promotions, and transfer opportunities that can be performed in New York State.
• The new law also requires employers to keep and maintain records concerning the compensation history for

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Key Takeaways:

• The IRS issued initial guidance on prevailing wage and apprenticeship requirements for energy projects commencing construction on or after January 29, 2023. See our blog post on the details of and applicable tax credit implications of the guidance here.

What you should know about the labor impacts of the guidance:

• The prevailing

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Key Takeaways:

• The Supreme Court has issued a rare ruling limiting the circumstances under which arbitration agreements may be enforced by federal courts.
• Under the ruling, a party who engages in court litigation and only belatedly seeks to move that dispute to arbitration may be found to have waived the right to arbitrate, even absent

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Key Takeaways:

• The Supreme Judicial Court of Massachusetts (SJC) ruled that employees whose claims for untimely payment of overtime arise solely under the Fair Labor Standards Act (“FLSA”) are not entitled to the more generous damages allowed by the Massachusetts Wage Act—including treble damages.
• Per the SJC, the FLSA’s comprehensive remedial scheme for recovery of

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Key Takeaways:

• The Supreme Judicial Court of Massachusetts (SJC) has held that employers failing to make payment of earned wages within the time required by the Massachusetts Wage Act are liable for damages equal to three times the amount of the late payment.
• Massachusetts employers are subject to treble damages immediately, even before the employee

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Key Takeaways:

• On January 15, 2022, New York City passed a law requiring employers with 4 or more employees to post the minimum and maximum salary for advertisements for a job, promotion or transfer opportunity.
• The requirement applies to all advertisements for a job, promotion or transfer that could be performed in New York City, even if

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Key Takeaways:

• The three-pronged “ABC test” for independent contractor status set forth in the Massachusetts independent contractor statute may apply to franchisors-franchisee relationships in Massachusetts.
• Where a franchisee is an “individual performing any service” for a franchisor, the franchisee is presumptively an employee, unless the franchisor can rebut the presumption by establishing each prong of

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