BELLO / WELSH LLP NEWS & ALERTS

The information on this blog, and the materials published on this website generally, are provided by Bello Welsh for informational purposes only and should not be viewed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  We strongly recommend that readers seek specific legal counsel before taking any actions that could have legal implications. 

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

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

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

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

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

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

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?

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

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

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 […]

Final Rule and Guidance Issued Implementing Fair Pay and Safe Workplaces Executive Order

On August 25, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a Final Rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13673, the Fair Play and Safe Workplaces Executive Order (also known as the “blacklisting rule”).  The Department of Labor (DOL) also issued Final […]

Bello Welsh Partner Quoted in Law360 Article

Bello Welsh partner, Ken Bello, was quoted in an article about the new Massachusetts Pay Equity Law.  The article is posted on Law360, here, and below with permission: How Mass. Employers Should Prep For New Pay Equity Law By Brian Amaral Law360, Boston (August 11, 2016, 4:40 PM ET) — Massachusetts’ sweeping new law against gender […]