Entries by Martha Zackin

Administrative Law Judge Recommends Dismissal of Department of Labor’s Pay Discrimination Claims Against Federal Contractor

April 18, 2019 in , , , , , , , /by

By Justin L. Engel Following a two-week trial, Bello Welsh has secured a major victory for a federal contractor in an enforcement action alleging gender-based pay discrimination brought by the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) under Executive Order 11246.  The case, OFCCP v. Analogic Corporation, No. 2017-OFC-00001, is the first […]

Amendments to Massachusetts Law Concerning Criminal History Inquiries

January 2, 2019 in , , /by

By Justin L. Engel In October 2018, amendments to Massachusetts law concerning employer criminal history inquiries became effective.  Under the previous version of the law, employers were prohibited from asking about: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted; (ii) a first conviction for any of the […]

Massachusetts Raises Minimum Wage and Establishes Paid Family and Medical Leave

December 3, 2018 in , , , , , , /by

By Jennifer Belli and Justin Engel In June 2018, Massachusetts passed a law that will gradually raise the state minimum wage to $15.00 per hour and establish a paid family and medical leave program for employees in the state.  The Massachusetts Department of Family and Medical Leave, a newly established state agency created to administer […]

Massachusetts Legislature Passes Non-Compete Legislation

August 2, 2018 in , , , , , , /by

By Jennifer Belli The Massachusetts Legislature has passed a major overhaul of non-compete law, known as the “Massachusetts Noncompetition Act.”  Assuming Governor Charlie Baker signs the bill, it will apply to noncompetition agreements entered into on or after October 1, 2018.  This alert summarizes the key provisions of the Act. What is a noncompetition agreement? […]

Massachusetts Equal Pay Act: An Overview of the Attorney General Guidance

March 6, 2018 in , , , , , , , , /by

By Martha J. Zackin On March 1, 2018, the Massachusetts Attorney General’s Office published guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), as described below. By way of background, the amendments, signed into law in 2016 and effective July 1, 2018, seeks to ensure that men and women are paid equal wages […]

DOL Signals Loosening in Regulatory Stance on Independent Contractor Misclassification and Joint Employer Liability

June 12, 2017 in , , , , , , /by

Alexandra D. Thaler and Justin Engel The federal Department of Labor signaled this week that it is reversing course on Obama-era policies that had resulted in the risk of expansive employer liability with respect to worker classification and joint employment.  The DOL’s withdrawal of two controversial guidance documents from 2015 and 2016 is one in […]

Overtime Update: Will the Texas Decision Invalidating the DOL Overtime Rule Survive and What Should Employers Do Now?

November 23, 2016 in , , , , , , , , /by

By Kenneth M. Bello Now that a federal judge has issued a preliminary injunction staying implementation of the new DOL regulations revising salary thresholds for determining application of the white collar minimum wage and overtime pay exemptions, otherwise slated to go into effect on December 1st, what happens next, and how quickly will that occur?  […]

DOL Overtime Rule Stopped: Nationwide Injunction Issued by Texas Judge

November 23, 2016 in , , , , , /by

In a last-minute, and therefore surprising, decision issued today, a Texas Federal District Court judge has blocked enforcement of the revised federal overtime rule set to become effective December 1, 2016.  The rule, issued by the federal Department of Labor, would require employers to pay a salary of at least $913 dollars per week (equivalent to $47,476 […]

EEOC Publishes Strategic Enforcement Plan for Fiscal Years 2017-2021

November 17, 2016 in , , , , , , , , , , , /by

By Martha J. Zackin EEOC recently published its Strategic Enforcement Plan (SEP) for Fiscal Years 2017-2021, in which it outlines the areas in which it intends to focus its strategic litigation and enforcement activities in the coming years.  Not surprisingly, the EEOC indicates that it intends to expend significant resources on understanding and protecting temporary employees […]