BELLO / WELSH LLP: WORK LAW BLOG
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.
Update on DOL changes to FLSA White Collar Exemptions
By Alexandra D. Thaler As we previously reported here, the Department of Labor will soon be revising the so-called “white collar exemptions” to the Fair Labor Standards Act (FLSA). Recently, the DOL has indicated that it now plans to issue the Final Rule in July 2016. To recap, on June 30, 2015, the DOL issued […]
NLRB Declines to Assert Jurisdiction Over Religious School
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 […]
State Wage Penalties Available for Non-Payment of Federal Overtime
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’ […]
Massachusetts Appeals Court Protects Staffing Companies – and their Clients
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. […]
Workplace Violence: Can the Risk be Mitigated?
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 […]
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 […]