By John F. Welsh Over the past few years the National Labor Relations Board (“NLRB”) has been re-examining whether it can assert its jurisdiction over religious schools, universities and hospitals. Recently, Bello Welsh LLP convinced the NLRB’s Division of Advice in Washington, D.C. that the NLRB lacked jurisdiction over our pro bono client, Nativity Preparatory […]
By Kenneth M. Bello and Louise Reohr A recent case highlights the need for Massachusetts’ employers to tread carefully around the so-called Wage Act, M.G.L. c. 149, § 148. Under this law, an employee who successfully makes out a claim for non-payment of wages “shall be” awarded automatic treble damages together with litigation costs and attorneys’ […]
By Martha J. Zackin In 2013, as reported here, a Massachusetts trial court upheld efforts by staffing companies and workers compensation insurers to close a loophole that allowed staffing-firm employees injured while providing services to a client company both to collect workers compensation benefits from their staffing company employer and to sue the client company. […]
By Martha J. Zackin Workplace violence is once again in the headlines, due to the horrific, on-air murders of a journalist and cameraman allegedly by a disgruntled former employee of the television station that employed the two victims. But what exactly is workplace violence? Workplace violence, according to the National Institute for Occupational Safety and […]
In recent years, President Obama has issued twelve Executive Orders directed at government contractors, resulting in the enactment of numerous and burdensome regulations. On August 3, 2015, four industry groups wrote to White House advisors expressing their concern that these changes have had the unintended impact of significantly increasing the costs of doing business with […]
By Martha J. Zackin On July 15, 2015, the Wage and Hour Division of the Department of Labor issued guidance aimed at clarifying the distinction between “employees” and “independent contractors.” Published as an Administrator’s Interpretation, the DOL states that in its view, “most workers are employees under the Fair Labor Standards Act” (FLSA). The Administrator’s […]
By Alexandra D. Thaler On June 30, 2015, the Department of Labor issued its anticipated update to the so-called “white collar exemptions” to the Fair Labor Standards Act (FLSA). The proposed rule more than doubles the minimum weekly salary threshold for the application of the Executive, Administrative, Professional, and Computer Employee overtime exemptions, and ties […]
By Emma L. Melton and Alexandra D. Thaler Last November, voters approved a ballot initiative granting earned sick leave to Massachusetts employees. As we wrote in an earlier article, beginning on July 1, 2015, employees working in Massachusetts are entitled to earn up to forty hours of paid sick leave per calendar year. Employers with […]
By Alexandra D. Thaler The DOL has (finally) updated its FMLA forms, and made them available on its website, here (see “Forms” section toward the bottom of the page). In addition to revising the expiration date to May 31, 2018, the forms also now include references to the Genetic Information Nondiscrimination Act (GINA). Most significantly, […]
By Alexandra D. Thaler With just weeks to go before the Massachusetts Earned Sick Time law goes into effect on July 1, 2015, the Massachusetts Attorney General’s Office is continuing to issue guidance and documentation relevant to the law, including the required notice posting and an update to its safe harbor regulation. The AGO’s current […]