How To Determine Whether An Employee Is Exempt From Overtime Pay

Properly determining whether employees are exempt from overtime pay is critical to any business. Private lawsuits to recover unpaid overtime are on the rise, and compliance with the overtime laws continues to be an enforcement priority for the U.S. Department of Labor and cognate state agencies. Violators may be required to pay penalties, multiple damages, and the prevailing party’s attorney fees, and business owners and those with authority over payroll decisions may be subject to individual liability, as well as criminal prosecution. As such, noncompliance poses severe risks for the employing entity and its leadership team. To assist businesses with their compliance efforts, this article explains how to determine whether an employee may be designated as exempt from overtime pay.

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Keeping Your Workplace Safe

All businesses face the threat of belligerent individuals in the workplace. This problem arises in many contexts: a customer has profane outbursts in a retail store; an employee “blows up” at coworkers; a parent threatens to disrupt a graduation ceremony; an employee’s spouse stalks her with unwanted visits to her job site; and so on. Fortunately, Massachusetts law contains various provisions that may help employers deal effectively with such situations.

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Handling Requests For Extended Leaves

Employee requests for extended leaves of absence on account of injury or illness are a growing trend. When such requests are denied, more and more employees are suing – and winning when the employer has ended the employment too quickly. This article provides ten tips concerning extended leaves.

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How Medical Marijuana Laws Affect Employers

Off-duty marijuana use by employees under state “medical marijuana” laws is on the rise. While such activity may be lawful under state law, it remains unlawful under federal law, causing considerable confusion. This article helps clear the air.

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Don’t Get Burned By The Meal Break Law

The Massachusetts meal break law is one of the most misunderstood workplace laws on the books. Violators may become liable for unpaid wages, overtime pay, multiple damages, and even attorney fees. This article explains the meal break law and best practices for staying out of hot water.

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Is Your Noncompete Agreement Enforceable?

Just because an employee signs a noncompete agreement does not mean a court will enforce it. While noncompete agreements are lawful in most states, their enforceability depends on many factors. Here are some key points courts consider in deciding whether to enforce a noncompete agreement.

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NLRB Creates New “Joint Employer” Standard

The National Labor Relations Board (“NLRB” or “Board”) has revised its test for determining when a business should be treated as a “joint employer” with another entity for purposes of federal labor law – and the result is not good for employers.

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