The Massachusetts Personnel Records Law, M.G.L. chapter 149, § 52C gives employees the right to submit written rebuttals to any negative information contained in a personnel file if the employee truly disagrees with the content of the information. The written rebuttal then becomes a permanent feature of the employee’s personnel file.
Continue Reading Massachusetts Employers Cautioned Regarding Performance Review Rebuttals
On December 13, 2021, the Massachusetts Supreme Judicial Court (“SJC”) issued its long-awaited decision determining that the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B (“Independent Contractor Statute”), which establishes the three-pronged “ABC” test used to classify workers as independent contractors or employees – and provides for a rebuttable presumption that workers are employees unless the purported employer proves otherwise – is not the applicable standard to determine whether an entity is a joint employer.
Continue Reading Massachusetts High Court Rules “ABC” Test Is Inapplicable To Joint Employer Status
In a statement issued last week, Massachusetts Governor Charlie Baker, along with state house and senate leadership, announced that lawmakers had agreed to implement a three-month delay to the Massachusetts Paid Family and Medical Leave law.
Continue Reading Lawmakers Announce Three-Month Delay for Massachusetts Paid Family and Medical Leave Law
Paid Family and Medical Leave, or PFML, is fast approaching and Massachusetts employers need to begin preparing for the upcoming July 1, 2019 effective date. Not only do employers need to understand their obligations, but there are affirmative actions they must take now – which is well in advance of the January 1, 2021 commencement of the benefits taking effect.
Continue Reading What Employers Need to Know and Do as the New Massachusetts Paid Family And Medical Leave Law July 1 Effective Date Approaches
Massachusetts’ highest court, The Supreme Judicial Court, recently issued its long awaited decision in Sullivan v. Sleepy’s LLC, SJC-12542, in which the SJC responded to certified questions of first impression from the United States District Court for the District of Massachusetts. The case is particularly important for businesses which pay employees through commissions or draws (i.e., advances on commissions), particularly in the retail context where the ruling departs considerably from federal law.
Continue Reading Massachusetts Retail and Inside Salespersons Are Now Entitled to Overtime and Sunday Premium Pay