Last week, the U.S. Department of Labor’s Wage and Hour Division issued an Opinion Letter in which it stated that an employer may not delay the designation of leave qualifying under the Family and Medical Leave Act, even if the affected employee would prefer not to take FMLA leave, and employers may not designate more than 12 weeks of leave as FMLA leave.…

With the first recreational marijuana retail shops now opening in locations throughout Massachusetts, one legislator is proposing protections for employees who choose to use the newly-legal drug on their own time.  The Boston Globe is reporting that Jason Lewis, a state senator from Winchester, Massachusetts, is planning on introducing legislation in the new year that, if passed, would prevent most employers from terminating or disciplining employees for off-duty, legal use of marijuana.…

In a highly technical, twenty-page opinion, a three-judge panel of the Massachusetts Appeals Court declined to answer the question of whether volunteer members of boards of directors of nonprofits can be held personally liable to workers for unpaid wages under the Massachusetts Wage Act. With the issue unresolved, for the time being, volunteer board members will continue to face some uncertainty about their possible personal liability. The case, Lynch v. Roxbury Comprehensive Community Health Center,…

In July 2018, Governor Charlie Baker signed the BRAVE Act, a wide-ranging piece of legislation including a number of provisions aimed at increasing the support and services available to veterans and their families.  Among other things, the act provides increased tax relief and access to educational programs and other resources to veterans.  The BRAVE Act also updates state law with regard to the time off provided to veterans on Veterans Day and Memorial Day.…