The Biden administration announced a new rule designed to expand overtime pay for millions of the nation’s lower-paid salaried workers. The rule was first proposed last September, reflecting in-depth research of employers, workers, unions, and other stakeholders. This final rule takes into account more than 33,000 comments, and it redefines the salary thresholds determining which...
In an interesting turn of events, the Federal Trade Commission (FTC) banned non-compete agreements by employers last week. The new rule prohibits companies from enforcing existing non-compete agreements on anyone other than senior executives, who the FTC defines as individuals earning “more than $151,164 annually who have policy making responsibilities at an organization.” The rule...
In recent news, the Supreme Judicial Court found Jordan’s Furniture in violation of overtime and Sunday-pay statutes following accusations of a commissions-based compensation scheme. Jordan’s is accused of not providing “separate and additional payments” for overtime and Sunday hours and of “reallocating and crediting payments made to fulfill one set of wage obligations against separate...
The Massachusetts Commission Against Discrimination (MCAD) received a letter from two of its “community partners” this past February requesting a memorandum of understanding to help tackle longstanding and persistent investigation delays. All three parties met at the end of March, but MCAD has yet to agree to a memorandum even with a looming threat of...
The legal case between The Boston Globe and a former executive is particularly interesting because it prompted a broader discussion on what constitutes wages and commissions. The plaintiff in this case, Vinay Mehra, was named president of The Globe in 2017. He states that the company hired him with the sole purpose of increasing revenue...
SLAPP (Strategic Lawsuit Against Public Participation) suits refer to lawsuits brought by individuals and entities to prevent critics from ongoing negative publicity. The Massachusetts legislature passed the anti-SLAPP law in 1994 which was designed to provide defendants with a quick way to dismiss meritless lawsuits. In essence, the anti-SLAPP law protects free speech by thwarting...
We rely on law enforcement to uphold the law, but what happens if a member of law enforcement becomes the victim? A recent $2.4 million discrimination settlement against the Boston Police Department reaffirms the message that no one is above the law. Congratulations to the female police officer who was awarded this settlement in January after...
The nearly $7 million dollar settlement that was reached between the Attorney General’s Office and MGM Springfield provides a great example of how employees can successfully litigate against a large employer by joining forces. This settlement comes after a multi-year investigation dating back to October, 2018 and impacting 2,036 MGM Springfield workers. Violations include failure to...
Those seeking Massachusetts employment could benefit from a new Pay Transparency Law that is likely to pass in the near future. If passed, the law will go into effect one year from the date it is signed and would add Massachusetts to a list of growing states requiring larger employers to include pay ranges in...
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