At the start of 2024, the Massachusetts Department of Family and Medical Leave (“DFML”) released a new version of its Paid Family and Medical Leave (“PFML”) poster as well as a new employee notice form and updated rate sheet.
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Massachusetts Employees May Now Top Off Paid Family and Medical Leave Benefits with Vacation, PTO, and Sick Time
The Massachusetts Paid Family and Medical Leave (“PFML”) law now permits employees to “top off” benefits received through the state Department of Family and Medical Leave (“DFML”) with employer-provided accrued paid time off (e.g., vacation, PTO, or sick time). This…
McLane Middleton to Host Two Employment Conferences This Fall 2023
McLane Middleton will be hosting two upcoming employment conferences this fall. Both conferences are designed for our employment attorneys to discuss the latest trends in employment law in both New Hampshire and Massachusetts and assist you in preparing to manage…
FORECASTING THE IMPACT OF THE SUPREME COURT’S LATEST AFFIRMATIVE ACTION DECISION ON EMPLOYERS
On June 29, 2023, the United States Supreme Court issued a decision, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, striking down decades of precedent that had previously permitted affirmative action programs in connection with admission…
Employers Take Note: In-Person Document Inspection for I-9 Forms Resumes
Andrea Hellrigel, Suffolk Law Student and Summer Associate
The option for remote work has become a new normal for many companies. With employees working throughout the country, sometimes thousands of miles away from a company’s human resources department, employers face…
Understanding the OSHA General Duty Clause
While employers in industries like construction and manufacturing are likely well-versed in specific Occupational Safety and Health Act (OSHA) regulations, an often overlooked regulation called the General Duty Clause applies to every employer.
Section 5(a)(1) of the Occupational Safety and…
NLRB Broadens Scope on Protected Concerted Activity for Workplace Discussions of Racism
By Vineesha Sow
On February 27, 2023, the General Counsel of the National Labor Relations Board (“NLRB”) released an advice memorandum (“Memorandum”) on the topic of an employee discussing issues of racial discrimination in the workplace and on social media. The General Counsel…
NLRB Rules Overly Broad Confidentiality and Non-Disparagement Clauses are Unlawful
In a recent decision, the National Labor Relations Board (“Board”) ruled that overly broad confidentiality and non-disparagement clauses in severance agreements are unlawful. In fact, even the mere offering of a severance agreement with these clauses is unlawful. Employers typically…
Supreme Court Rules Employee Earning $200,000 Per Year On A Daily Rate Is Entitled To Overtime
The U.S. Supreme Court recently ruled that an employer’s guaranteed daily rate pay plan for an employee earning more than $200,000 per year did not meet the “salary basis” requirement of the federal Fair Labor Standard Act’s (“FLSA”) executive exemption…
United States Department of Labor Issues guidance on the FMLA and FLSA
On February 9, 2023, the United States Department of Labor, Wage and Hour Division (“DOL”) published an Opinion Letter addressing the use of leave pursuant to the Family and Medical Leave Act (“FMLA”) by an employee with a serious health…