Off the Clock

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By: Mirick O'Connell

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Brian Casaceli
Ashlyn Dowd
Amanda Marie Baer
Massiel Sanchez
Rich Van Nostrand

Latest from Off the Clock

Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose salary and hourly wage ranges on job advertisements/postings and, in certain circumstances, to current employees…

As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, terms, or existence of the severance agreement and/or the discussions or negotiations relating to the…

In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for family care.  The passage and requirements of the Executive Order did not receive widespread attention,…

Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act.

In Barron v. Kolenda, resident Louise Barron attended the Southborough Select Board’s public meeting on December…

Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce Mobility Act of 2021, was introduced in Congress, it died in committee.

On a parallel…

At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with race, including, but not limited to, hair texture, hair type, hair length, and protective hairstyles.”…

            Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect.

Changes to Minimum Wage & Premium Pay

  • Minimum wage increased from $14.25 an hour to $15.00 an hour (applies to non-agricultural workers and workers that do not receive tips).
  • Minimum

…

The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need to express breast milk for a nursing child” as a protected classification. The Act also covers…

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”).

The current Trump administration rule became effective in March 2021 and makes…