Last summer, Governor Baker signed “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (H.4640), which in part created a new Paid Family and Medical Leave program in the Commonwealth. We provided further program details here.
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Massachusetts Supreme Court Rules Commission-Only Retail and Inside Salespeople are Entitled to Separate Overtime and Sunday Premium Pay
In a case of first impression, the Massachusetts Supreme Judicial Court has found that, under Massachusetts law, retail and inside sales employees, paid entirely on a commission or draw basis, are entitled to separate and additional pay for overtime hours worked and premium pay for work on Sundays. See Sullivan v. Sleepy’s LLC, No. SJC-12542 (Mass. May 8, 2019).
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#MeToo Continues National and Local Impact: EEOC Identifies Increase in Sexual Harassment Charges, CGA Considers Change to Sexual Harassment Law
The Equal Employment Opportunity Commission (EEOC) recently released data detailing breakdowns for the charges of workplace discrimination it received in 2018. Sexual harassment charges increased 13.6% from 2017 – making sexual harassment the second most frequent charge filed with the EEOC. Overall, the agency received 7,609 sexual harassment charges and obtained $56.6 million in monetary benefits for victims of sexual harassment.
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Let’s Try That Again: DOL Proposes $35k Salary Threshold for Overtime Exemption
At long last, the federal Department of Labor has issued its widely anticipated second proposal to raise the minimum salary threshold for employees to qualify for various white collar exemptions under the Fair Labor Standards Act. Following a failed attempt by the Obama-era DOL to set a salary threshold of $47,476, the DOL is setting its sights lower this time around with a proposed $35,308 salary threshold.
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Connecticut’s Salary History Inquiry Prohibition Effective As Of January 1, 2019
A reminder to Connecticut employers: generally speaking, questions about an applicant’s salary history are prohibited as of January 1, 2019. As I detailed in an earlier post, Connecticut has joined the growing number of states restricting what employers may ask applicants about salary history. While salary history inquiries are now generally prohibited, there are
Court Provides Additional Clarification Concerning the Scope of Connecticut’s Medical Marijuana Protections in the Workplace
Last August, we blogged about a case of first impression in Connecticut where a federal court judge found that Connecticut’s Palliative Use of Marijuana Act (“PUMA”) creates a private cause of action for employment discrimination and that PUMA’s anti-discrimination provision is not preempted by federal law. See Noffsinger v. SSC Niantic Operating Co. LLC, 273 F. Supp. 3d 326, 340 (D. Conn. 2017). On September 5, the court issued another decision in this case, offering further insight into this evolving area of employment litigation.
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Supreme Court Deals Blow to Public Sector Unions by Barring Compelled Union Agency Fees
The end of the recent U.S. Supreme Court term brought with it the most consequential labor law ruling in recent memory. On Wednesday, June 27, 2018, the Court held that public sector employees who are represented by a union, but are non-members of the union, cannot be compelled to pay money to cover the union’s cost of representing the non-member. In a major victory for opponents of organized labor, the Court overruled long-standing precedent allowing public sector unions to compel so-called “agency” or “fair share” fees from non-consenting members.
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Connecticut Employers Cannot Inquire About an Applicant’s Compensation History Beginning January 1, 2019
On Tuesday, Governor Malloy signed into law a bill amending Connecticut’s Act Concerning Pay Equity so that, with limited exceptions, Connecticut employers will no longer be allowed to inquire about an applicant’s wage and salary history. Following the trend set by states that have enacted pay equity measures, including Massachusetts, Connecticut’s pay equity law imposes a number of restrictions on employers.
Beginning January 1, 2019, Connecticut employers with one or more employees (practically speaking, all Connecticut employers) will be prohibited from inquiring, either directly or through a third party, about a prospective employee’s wage and salary history. The prospective employee may voluntarily disclose its wage or salary history, however.
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