Posts tagged Employer Counseling
Supreme Judicial Court Holds that Certain Commission Salespersons Must be Paid Overtime and Sunday Premiums Regardless of Their Commission
Supreme Judicial Court Holds that Certain Commission Salespersons Must be Paid Overtime and Sunday Premiums Regardless of Their Commission

On May 8, 2019, in the case of Sullivan v. Sleepy’s LLC, the Massachusetts Supreme Judicial Court injected some much needed clarity into whether commission-based employees must be paid overtime and premium pay regardless of the amount of their commission.

Read More
Benjamin SteffansEmployer Counseling, Wage and Hour, Overtime, Premium Pay, Bonus and Commission, Class Actions
Supreme Judicial Court Splits the Baby in Class Action Wage Claim -- Ruling in Part for Employees and in Part for Employers
Supreme Judicial Court Splits the Baby in Class Action Wage Claim -- Ruling in Part for Employees and in Part for Employers

On April 12, 2019, the Massachusetts Supreme Judicial Court, in Gamella v. P.F. Chang’s China Bistro, Inc., resolved lingering doubt as to whether state and federal courts would use the same analysis when determining whether to allow wage claims to proceed on a class action basis.

Read More
Vanita MistryMinimum Wage, Overtime, Wage and Hour, Tips and Service Charges, Employer Counseling, Class Actions
Massachusetts Federal Court Issues Decision that Heavily Protects Massachusetts Disabled Employees
Massachusetts Federal Court Issues Decision that Heavily Protects Massachusetts Disabled Employees

The Americans with Disabilities Act, as well as its Massachusetts state law equivalent, prohibit employers from discrimination against individuals with disabilities. Those laws, unlike other anti-discrimination laws, also require employers to provide disabled employees with reasonable accommodations so that they may perform their job duties.

Read More
Vanita MistryDisability, Disability Discrimination, Discrimination, Reasonable Accommodations, Verdicts and Settlements, Employer Counseling
Massachusetts Gives Another Nod to All Massachusetts Employees in Wage-and-Hour Context (But Especially Agricultural Employees)
Massachusetts Gives Another Nod to All Massachusetts Employees in Wage-and-Hour Context (But Especially Agricultural Employees)

For as long as I’ve practiced law, courts across the country, both state and federal, have uniformly held that wage-and-hour laws should be construed broadly to protect employees and that exemptions from those laws should be construed narrowly to protect employees.

Read More
Benjamin SteffansWage and Hour, Overtime, Employer Counseling, Independent Contractor
First Circuit Sides with Employer in Reasonable Accommodation Case
First Circuit Sides with Employer in Reasonable Accommodation Case

The First Circuit, in the case of Miceli v. JetBlue Airways Corp. et al. recently provided helpful guidance to employers and employees when it comes to one of the most difficult areas of employment law: leaves of absence resulting from mental impairments.

Read More
Benjamin SteffansReasonable Accommodations, Disability, Disability Discrimination, Retaliation, Family Leave, Medical Leave, Discrimination, Medical and Sick Leave, Employer Counseling
Grand Bargain: Why is it Grand and What does it Mean?
Grand Bargain: Why is it Grand and What does it Mean?

By now, most of you have probably read about the bill signed into law by Governor Charlie Baker, colloquially referred to as the Grand Bargain. By any measure, this bill is surely “grand” in that it dramatically changes three important areas of employment law.

Read More
Benjamin SteffansWage and Hour, Medical Leave, Family Leave, Minimum Wage, Retaliation, Premium Pay, Medical and Sick Leave, Employer Counseling, Disability, Discrimination
The Supreme Judicial Court Gives Employers A Gift In The Ongoing Independent Contractor Saga
The Supreme Judicial Court Gives Employers A Gift In The Ongoing Independent Contractor Saga

Under Massachusetts law, it’s quite difficult to properly treat an individual as an independent contractor.  Thankfully (if you are an employer) the Supreme Judicial Court (SJC) has carved a pro-employer exception into the law that makes it much easier to treat someone as an independent contractor, at least for workers’ compensation purposes.

Read More
Benjamin SteffansIndependent Contractor, Employer Counseling, Workers' Compensation, Medical and Sick Leave
Recommendations On Complying with the Massachusetts Equal Pay Act (MEPA)
Recommendations On Complying with the Massachusetts Equal Pay Act (MEPA)

Employers who have not taken steps to comply with the Equal Pay Act are incurring unnecessary risk.  Thankfully, the Massachusetts Attorney General recently released a guidance for employers on how to ensure compliance with this new law.  Based on this information Steffans Legal has come up with the following 9 recommendations for employers:

Read More
Benjamin SteffansGender Discrimination, Discrimination, Employer Counseling, Wage and Hour, Gender