By Alicia Samolis and Michael Gamboli It is well known that if a Massachusetts employer terminates an employee, the employer risks being liable for three times the amount of wages owed if payment is not made on the last day of employment. A lesser known corollary to this rule based upon Massachusetts caselaw was that...

On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) determined that the Massachusetts independent contractor statute (G. L. c. 149, § 148B) applies within the franchisor-franchisee context and does not conflict with a franchisor’s disclosure obligations under federal law. In the case of Patel v. 7-ELEVEN, Inc. (“7-Eleven”), several franchisees operated 7-Eleven convenience stores throughout Massachusetts...

By Alicia J. Samolis and Michael A. Gamboli The Value of Arbitration Clauses It is not uncommon for employers to require that all employment related disputes with employees be resolved by binding arbitration and not in court. Advantages of arbitration can include: (i) significant cost savings in legal fees in defense of a claim; (ii)...

By Alicia J. Samolis and Michael A. Gamboli Employers with 100 or more employees can breathe a sigh of relief as the United States Supreme Court has come to the rescue and blocked the Emergency Temporary Standard (ETS) put in place by OSHA. How Did We Get Here? On November 5, 2021, OSHA published the...

Minimum Wage Increase As set forth by legislation passed in 2018, the minimum wage in Massachusetts will increase to $14.25 per hour on January 1, 2022. This amounts to a 75-cent jump from the current minimum wage of $13.50 per hour and is the second to last scheduled increase under current law. The minimum wage...

By Alicia J. Samolis OSHA has released its over 400-page rule for private employers with more than 100 employees to test their unvaccinated workers (click here for summary). The compliance date for the major part of the rule is January 4, 2022, with some other components effective December 5, 2021. The rule does not require...

By Alicia J. Samolis and Michael A. Gamboli On September 9th, the President announced a COVID-19 Action Plan (the “Plan”) and released two orders that contain surprisingly broad measures. The Plan will impact many businesses and organizations across the nation. Of particular note is: 1. Large Private Employer Testing Mandate. According to the announcement (no...

On July 6, 2021, Rhode Island Governor Daniel McKee signed Pay Equity legislation (the “Act”) (H 5261A, S 0270A) into law. The Act is a broad piece of legislation that applies to all employers. While the Act does not go into effect until January 1, 2023, given the penalties and damages available under the Act, and the...