Massachusetts Labor & Employment Law

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By: Foley Hoag LLP

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Allison Anderson
Christopher Feudo
James Fullmer
Robert Haney
Foley Hoag
Garrick Josephs
Emily Nash
Chasse Osborn
Leah Rizkallah
Michael Rosen

Latest from Massachusetts Labor & Employment Law

Key Takeaways:

  • Under a new rule proposed by the U.S. Department of Labor (DOL), the salary threshold for employees to qualify for the white-collar exemptions under the Fair Labor Standards Act (the “FLSA”) would increase from $35,568 to $55,068.
  • The salary threshold for the FLSA’s highly compensated employee exemption also would increase, from $107,432 to

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Key Takeaways:

  • On June 21, 2023, the Massachusetts Supreme Judicial Court (“SJC”) issued a ruling in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023), addressing the so-called “cat’s paw” theory of liability and concluding that an employer can still be found liable for violating Massachusetts’ employment discrimination statute where there is evidence that a mid-level

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Key Takeaways:

  • The proposed rule bans non-compete agreements nationwide for virtually all workers.
  • Employers would be required to rescind all current non-compete agreements they have with workers.

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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements. The 218-page notice of proposed rulemaking details the FTC’s position on…

Key Takeaways:

  • Effective September 18, 2023, employers and employment agencies will be required to list the salary or salary range, and job description, for all advertised jobs, promotions, and transfer opportunities that can be performed in New York State.
  • The new law also requires employers to keep and maintain records concerning the compensation history for

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Key Takeaways:

  • The IRS issued initial guidance on prevailing wage and apprenticeship requirements for energy projects commencing construction on or after January 29, 2023. See our blog post on the details of and applicable tax credit implications of the guidance here.

What you should know about the labor impacts of the guidance:

  • The prevailing

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The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting the prevailing wage and apprenticeship requirements will allow projects to qualify for the higher base credit rates for tax credits under various IRA…

Key Takeaways:

The Supreme Judicial Court of Massachusetts (SJC) ruled that employees whose claims for untimely payment of overtime arise solely under the Fair Labor Standards Act (“FLSA”) are not…
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