New England Biz Law Update

Deferred compensation payments are due to one of your former executives, but the former executive is nowhere to be found. You know that the IRS has strict timing rules for payments subject to Code Section 409A (but maybe not as strict ...

Every year, employers with 100 or more employees (and certain federal contractors) must submit a completed EEO-1 form to the Equal Employment Opportunity Commission. The EEO-1 provides demographic information about the workforce, sorted by job category, including race, sex and ethnicity.  ...

Does the adage “no good deed goes unpunished” apply to employers that fail to pay wages to hourly employees during volunteer events? Not necessarily, according to a recent U.S. Department of Labor (DOL) Opinion Letter. Per the Opinion Letter, to ...

On March 22, a federal judge permitted an Ohio man’s class action lawsuit to proceed against Ford Motor Company.  The lawsuit alleges the company discriminated against disabled job applicants because its online job application wasn’t fully accessible.  In the past, ...

The Massachusetts Wage Act provides that an employee who “prevails” in an action to recover unpaid wages “shall … be awarded the costs of the litigation and reasonable attorneys’ fees.” This “fee-shifting” provision is an exception to well-established “American Rule” under which ...

Over the last decade, courts around the country have been asked to decide whether ERISA preempts state slayer statutes – state laws that prohibit a murderer from collecting benefits as the beneficiary of the victim’s estate or as the surviving ...

In Lukas v. Unidine Corp., et al., Judge Davis held that, under the Massachusetts Wage Act, G.L.c. 149, §148, employee commissions can be conditioned on receipt of customer payments on which the commissions are based. Judge Davis found that the Wage Act ...

On March 7, 2019, after more than two years of speculation, the U.S. Department of Labor (“DOL”) finally proposed its new overtime rule. Under the proposed rule, the minimum salary a worker would have to be paid to qualify for ...

Judge Sanders certified a class of more than 18,000 Six Flags seasonal employees complaining that the amusement park failed to pay overtime. The park pays its seasonal employees on an hourly basis, but not overtime. In support of this policy, ...

On February 19, 2019, the Massachusetts Supreme Judicial Court (SJC) adopted an employee-friendly standard for determining whether a plaintiff is entitled to an award of attorneys’ fees under the Massachusetts Wage Act where his or her claims are resolved by ...