BELLO / WELSH LLP NEWS & ALERTS

DOL Issues Misclassification Guidance Broadly Defining “Employee”

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 […]

DOL Issues Proposed Updates to FLSA White Collar Exemptions

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 […]

Final Regulations for Massachusetts Earned Sick Time Law

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 […]

New Earned Sick Time Notice and Updated Safe Harbor Regulation

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 […]

Supreme Court Backs EEOC in Religious Accommodation Case

By Martha J. Zackin In a much anticipated decision, the United States Supreme Court today held that Abercrombie & Fitch violated the prohibition against religious discrimination, as set forth in Title VII of the Civil Rights Act of 1964, by refusing to hire a Muslim applicant who wore a headscarf (a hijab) during a job […]

Massachusetts Attorney General’s Office Issues Proposed Earned Sick Time Regulations

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 ten or fewer employees are not required to […]

Massachusetts Extends Parental Leave Rights to Employees Regardless of Gender

By Sasha Thaler Since 1972, the Massachusetts Maternity Leave Act (M.G.L. c. 149 s. 105D) has provided eight weeks of unpaid, job-protected leave to full-time female employees who meet certain eligibility requirements, on the occasion of the birth and, more recently, the adoption of a child.  One of former Governor Deval Patrick’s last official acts […]

Top Employment Law Changes for Massachusetts Businesses- End of Year Review

By Sasha Thaler 2014 brought a number of legislative changes which will affect Massachusetts employers of all sizes in 2015.  Here is a recap of the top 5 changes employers should be prepared for in the New Year.

Mandatory Paid Sick Time- Massachusetts Voters Say “Yes”

By Jennifer Belli On election day, Massachusetts voters approved a ballot initiative requiring employers to provide sick time to their employees.  Absent legislative repeal, the mandatory sick time law will become effective on July 1, 2015.  Organizations with eleven or more employees will be required to provide paid sick time, while organizations with fewer than […]

Workshop: Employment Law Basics for Start-Ups and Small Businesses

On October 29, 2014, Bello Welsh will present a session on HR and Employment Law Issues for Start Ups and Small Businesses at the Cambridge Innovation Center, 1 Broadway, Cambridge, MA. Start-up companies focus on developing their idea and bringing their product or service to market.  Small existing businesses work to implement their core business […]

Inflexible Leave Policies – EEOC Position is Clear Despite Court’s Disagreement

On June 30, 2014, the Equal Employment Opportunity Commission touted its recent agreement with Princeton HealthCare System to settle litigation challenging PCHS’s “inflexible” leave of absence policy under the Americans with Disabilities Act. According to the press release published by the EEOC, PHCS maintained a fixed leave policy whereby employees were terminated if they were […]

NLRB Invalidates Overbroad “No Gossip” Policy

Over the past few years, the National Labor Relations Board has expanded its sphere of influence into the non-unionized workplace.  In the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act (which includes the broad right to engage in concerted activities for the purpose of collective bargaining or other mutual […]