Legal Alerts
Most Recent Alerts
April 26, 2024
Employer Alert: DOL Announces Final Rule Defining Exemptions for White-Collar Employees
On April 23 2024, the U.S. Department of Labor (“DOL”) announced a final rule which will take effect on July 1, 2024. The final rule updates and revises the regulations issued under section 13(a)(1) of the Fair Labor Standards Act (“FLSA”) by implementing the exemptions from the minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees (often referred to as the “white-collar” exemption). ..
April 26, 2024
Employer Alert: FTC Issues Final Rule on Non-Competes
On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a final rule (the “Rule) comprehensively banning employers from entering into non-compete agreements with all workers…
October 25, 2023
Beginning November 1, 2023, employees can supplement or “top off” weekly Paid Family and Medical Leave (PFML) benefits with earned vacation time, sick time, or other accrued paid time off. This change to the Massachusetts PFML Act will enable employees to fully replace their average weekly wages while on leave, so long as they have sufficient accrued PTO…
June 16, 2021
Employer Alert: MA Enacts COVID-19 Temporary Emergency Paid Sick Leave Program
On May 28, The Governor signed into law An Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave (MA EPSL), which is effective from May 28, 2021 until April 1, 2022 or the exhaustion of $75 million in program funds as determined by the Commonwealth, whichever is earlier…
2021 Alerts
2020 Alerts
December 15, 2020
As most employers are aware, Massachusetts employees may begin taking some types of paid family and medical leave starting January 1…
July 28, 2020
Employer Alert: Governor Baker Issues Updated Travel Order
On July 24, 2020, Governor Baker issued COVID-19 Order No. 45 (the “Order”) amending the Commonwealth’s…
June 18, 2020
Updated EEOC COVID-19 Guidance: Additional Return to Work Considerations
On June 11, 2020, the Equal Employment Opportunity Commission (EEOC) released further updated guidance regarding compliance with EEO laws and the COVID-19 pandemic…
May 20, 2020
Massachusetts’ Phased Re-Opening: What Employers Need to Know
On May 18, 2020, Governor Baker issued the Reopening Massachusetts Report, which describes the four phases for re-opening Massachusetts’ workplaces and public spaces. In addition, Gov. Baker has issued…
April 7, 2020
Families First Coronavirus Response Act: 10 Takeaways from the DOL's Preliminary Rule
On April 1, 2020 the Department of Labor issued a preliminary rule to implement FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and the Emergency…
January 9, 2020
U.S. Department of Labor Updates for January 2020
The U.S. Department of Labor (the “Department”) has issued two final rules impacting overtime compensation under the Fair Labor Standards Act (“FLSA”)…
September 24, 2020
Department of Labor Updates Families First Coronavirus Response Act (“FFCRA”) Regulations
On April 6, 2020, the Department of Labor (the “Department”) published regulations in the form of a preliminary rule to implement the FFCRA’s Emergency Paid Sick Leave Act (EPSLA)…
July 8, 2020
Availability of FFCRA Leave Due to Closure of Children’s Summer Programs
On June 26, 2020 the Wage and Hour Division of the U.S. Department of Labor issued Field Assistance Bulletin No. 2020-4
June 16, 2020
In a landmark decision, the United States Supreme Court ruled on Monday that Title VII of the Civil Rights Act of 1964…
May 13, 2020
EEOC COVID-19 Guidance: Return to Work Considerations
The Equal Employment Opportunity Commission (EEOC) has released updated guidance regarding compliance with EEO laws and the COVID-19 pandemic. In particular, the guidance provides…
March 24, 2020
COVID-19: Advice for Remote and Downsized Workplaces
Implementing Remote Work Arrangements On March 23, Governor Baker issued an emergency order requiring all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplaces and facilities…
August 28, 2020
Employer Alert: Final Regulations Issued for Massachusetts Paid Family Medical Leave
On July 24, 2020, the Department of Family and Medical Leave (the “Department”) issued final regulations regarding Massachusetts paid family and medical…
July 7, 2020
What Massachusetts Employers Need to Know Regarding Travel Restrictions and Phase 3 Reopening
On June 30, Governor Baker announced new COVID-19 public health guidelines regarding travel to Massachusetts, and on July 2 issued COVID-19 Order No. 43…
June 11, 2020
On June 6, 2020, Governor Baker issued COVID-19 Order No. 37, clarifying which businesses and…
May 7, 2020
U.S. Department of Education Issues Final Rule on Title IX Compliance
Educational institutions that receive federal financial assistance, including colleges, universities, and many K-12 schools, have until August 14, 2020 to comply with…
March 24, 2020
Employer Alert: Federal Family First Coronavirus Response Act
With the continued spread of COVID-19, employers are working to balance employee health and well-being with their organization’s operational needs. Meanwhile, both the federal and state government are enacting measures to…
2019 Alerts
December 3, 2019
In two separate decisions over the last few months, the United States Court of Appeals for the First Circuit has staked out its position on whether college and university students…
September 25, 2019
U.S. Department of Labor Issues Final Overtime Rule
The U.S. Department of Labor (the “Department”) has issued a final rule to expand worker eligibility for overtime compensation under the Fair Labor Standards Act (“FLSA”). The final rule increases…
May 21, 2019
Massachusetts Employer Alert: Upcoming Deadlines for Paid Family and Medical Leave (PFML) Law
As most Massachusetts employers are now aware, paid family and medical leave will be available to workers in Massachusetts starting in 2021 under the Paid Family and Medical Leave law…
October 21, 2019
Employers conducting investigations into employee complaints take note: the results of your investigation may not be private, even if the investigation is conducted by an attorney. In a recent decision…
June 17, 2019
Massachusetts Employer Alert: Update on Paid Family Medical Leave (PFML) Postponement
The Department of Family and Medical Leave (the “Department”) has issued a press release (available here) clarifying the effects of the Legislature’s decision to delay implementation of the paid family and…
February 20, 2019
The Pitfalls of Office Romances
Even if your workplace does not resemble the hotbed of sexual activity depicted at Grey Sloan Memorial Hospital on TV’s Grey’s Anatomy, chances are that romances are brewing. In a…
2018 Alerts
August 13, 2018
Massachusetts Enacts Non-Compete Law: An Overview for Employers
Last Friday, Governor Baker signed into law the Massachusetts Noncompetition Agreement Act. The Act will amend Chapter 149, Section 24L of the Massachusetts General Laws. Non-compete agreements are contracts between…
March 5, 2018
Massachusetts Equal Pay Act Update: Attorney General Issues Overview and FAQs
Amendments to the Massachusetts Equal Pay Act (“MEPA”) take effect July 1, 2018. On March 1, 2018, the Office of the Attorney General issued FAQs (available here) on the amended law,…
March 27, 2018
MCAD Guidance and FAQs on the Pregnant Workers Fairness Act
Earlier this year, the MCAD issued guidance on the Pregnant Workers Fairness Act (the “Act”) and the “MCAD Q&A Pregnant Workers Fairness Act.” The Act, which takes effect on April…
January 8, 2018
#MeToo@Work: What We Now Know about Workplace Harassment – and How to Stop It
This is the first in a series of articles from Kurker Paget LLC on best employment practices for addressing workplace harassment. Last year, before Harvey Weinstein became a household name…
2017 Alerts
November 29, 2017
The Year Ahead: What Massachusetts Employers Need to Know For 2018
In 2018, several significant workplace laws will go into effect in Massachusetts; employers should take steps now to ensure compliance with these new requirements. Employers should also be aware of…
2016 Alerts
November 29, 2016
Federal Court Blocks DOL’s New Overtime Rule
Last week, the United States District Court for the Eastern District of Texas issued a nationwide injunction prohibiting the implementation of the U.S. Department of Labor’s (DOL) overtime rule, scheduled…
May 19, 2016
DOL Issues Final Rule on Overtime Exemptions for White Collar Workers
More than two years ago, President Obama directed the Department of Labor to conduct a review to update the minimum salary an employer must pay a “white collar worker” it…
August 9, 2016
Massachusetts Enacts Ground-Breaking Equal Pay Act
Last week, Governor Baker signed the Massachusetts Equal Pay Act, one of the most expansive equal pay laws in the nation. The Act is intended to combat gender discrimination in…
March 21, 2016
SJC’s Decision in Bulwer v. Mt. Auburn Hospital: 5 Key Lessons For Employers
On February 29, the Massachusetts Supreme Judicial Court (“SJC”) issued its opinion in Bulwer v. Mount Auburn Hospital, reversing the summary judgment ruling won by Mount Auburn Hospital on claims brought against…
2015 Alerts
October 28, 2015
Massachusetts Employment Law Update for Out of State Employers
The U.S. Court of Appeals for the First Circuit has ruled that a salesman employed by a Kansas-based company, but who lived and worked from his Massachusetts home, can bring…
June 9, 2015
Sick Leave Law Update: Attorney General Issues Safe Harbor Guidance
The Massachusetts sick leave law becomes effective on July 1, 2015. Earlier in June, the Attorney General released a “Safe Harbor” provision allowing employers whose existing paid time off (PTO)…
January 12, 2015
Massachusetts Enacts Parental Leave Law
On January 7, Governor Deval Patrick, in one of his final acts, signed into law “An Act Relative to Parental Leave.” The new statute replaces the now-defunct Massachusetts Maternity Leave Act…
July 6, 2015
Final Regulations Issued For Massachusetts Sick Leave Law, Now In Effect
The Massachusetts Attorney General has released final regulations interpreting the Massachusetts sick leave law, in effect as of July 1st. The following summary offers a guide to employers. Which employers…
April 28, 2015
Massachusetts Attorney General Issues Draft Sick Leave Law Regulations
The Massachusetts Attorney General’s Office (“AGO”) has issued proposed regulations for the new sick leave law approved by voters last November. Effective July 1, 2015, Massachusetts employers (with certain limited…
2014 Alerts
November 10, 2014
What Employers Need To Know About the New Massachusetts Sick Leave Law
Last Tuesday, 59% of Massachusetts voters approved Ballot Question 4, passing a measure that will allow certain employees in Massachusetts to earn and use sick time. Employers should take steps…
May 1, 2014
10 Tips for Investigating Sexual Harassment
April, national Sexual Assault Awareness Month, has coincided with a number of high-profile complaints against colleges and universities for their alleged failure under Title IX of the Educational Amendments of…