By Alexandra D. Thaler As we approach the new year, the Massachusetts Department of Family and Medical Leave (DFML) is gearing up to begin administering leave requests for time off starting January 1, 2021 by preparing its online benefits application system (which may be piloted in December), updating employers on its responses to frequently asked […]
By Alexandra D. Thaler In a decision issued on June 15, 2020, the U.S. Supreme Court held in the case of Bostock v. Clayton County that Title VII of the federal Civil Rights Act of 1964 prohibits employment discrimination against individuals on the basis of their sexual orientation or transgender status.
By Bello Welsh LLP On June 4, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020. It has already passed the House, so it now goes to the president for signature. The primary changes are as follows: The period in which employers must spend the funds has been extended from 8 weeks […]
On May 19, 2020, the Occupational Safety and Health Administration issued revised guidance for when employers are required to record cases of COVID-19. As before, COVID-19 is a recordable illness if: The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention; The case is work-related; and The […]
By Alexandra D. Thaler On May 18, 2020, the federal Department of Labor, Wage and Hour Division issued a final rule that expands the types of industries that may be able to take advantage of the overtime pay exemption for certain employees paid primarily on a commission basis. Specifically, the Fair Labor Standards Act (FLSA) […]
By Bello Welsh LLP What safeguards should employers consider implementing to protect employees (and customers, visitors, and vendors) after state and local authorities allow non-essential businesses to reopen? The following list is compiled from guidance published by the Centers for Disease Control and OSHA: Develop an infectious disease preparedness and response plan Identify a workplace […]
By Bello Welsh LLP The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees[1] to provide (1) up to 80 hours of paid sick leave to any employee who is unable to work for any of six enumerated reasons, and (2) up to twelve weeks of leave (of which ten weeks […]
By Bello Welsh LLP On April 10, 2020, the Occupational Safety and Health Administration (“OSHA”) issued enforcement guidance, limiting employers’ obligation to report employees’ COVID-19 illness. As we noted in our prior Employer Q&A (#17), ordinarily an illness is recordable if the illness is contracted as a result of the employee performing their work-related duties, […]
By Bello Welsh LLP The Massachusetts Attorney General’s Office, Fair Labor Division, has updated its list of Frequently Asked Questions About COVID-19, including an expanded response to the question of whether an employer that conducts a temporary layoff must pay final pay—including accrued vacation—at the start of the layoff (now numbered Question 3). The AG’s […]
By Bello Welsh LLP On April 4, 2020, the Department of Labor published Unemployment Insurance Guidance Letter (“UIPL”) 15-20, which includes implementing and operating instructions for the Federal Pandemic Unemployment Compensation (“FPUC”) Program provided for as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act of 2020. In short, the FPUC Program provides […]