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.
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.
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.
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.
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.
In light of the opioid crisis gripping Massachusetts, New England, and other parts of the country, employers are increasingly likely to discover that an applicant or employee has tested positive for methadone.
The controversial new representation case rules of the National Labor Relations Board (“NLRB” or the “Board”) have survived initial court challenges and, as such, continue to pose difficulties for employers seeking to remain union-free.
The U.S. Department of Labor (“DOL”) has proposed to raise sharply the salary levels needed to lawfully designate employees as “exempt” from overtime pay under the federal Fair Labor Standards Act (“FLSA”).