Tag Archives: Davis Malm & D’Agostine

ILN Today Post

Department of Family and Medical Leave Provides Further Guidance on the Massachusetts Paid Family and Medical Leave Act

On October 1, 2019, the payroll tax for the Massachusetts Paid Family and Medical Leave Act (PFML) will go into effect, following a three-month delay to give employers more time to prepare for the rollout of the program and for the newly created Department of Family and Medical Leave (the Department) to provide further guidance on the law. Two points on which the Department provided further guidance are discussed below.

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A New Direction For Commission-Only Compensation In Mass.

A recent ruling by Massachusetts’ highest court has changed the way employers with commission-only compensation plans must pay their employees going forward. On May 8, 2019, the Supreme Judicial Court held in Sullivan v. Sleepy’s LLC et al. that employees compensated on a 100% commission basis are entitled to separate and additional compensation for overtime and Sunday work, even where the employee’s total compensation is equal to or greater than 1.5 times the minimum wage for those overtime and Sunday hours.[1]

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5 Ways to Bolster Cyber Safety and Minimize Risk

Cyber threats are simply a business reality in the modern age, but with the right knowledge and tools, we can protect our businesses, employees and customers. Davis Malm’s Robert Munnelly outlines five actions companies can take to maximize long-term cyber safety.

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Safeguarding access to the retail electric marketplace requires vigilance

Just over 20 years have passed since all New England states, except Vermont, restructured electric service to enable competitive retail supply and implemented basic protections focused on licensing, enrollment standards, customer notices and contractual protections.  In recent years, additional rules have been implemented, such as credit card-style “Schumer Box” contract summaries, standard renewal notices 30-60 days prior to contract end, disclosures specific to variable price products, and minimum conduct standards for door-to-door sales.  As New England heads towards its third decade of retail electric competition, the next evolution of rules and enforcement priorities is underway.  The following new front-line issues, which hold the promise of both hindering and fostering competition, should be watched by all stakeholders.

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Important Deadlines Fast Approaching For Employers to Comply With the Massachusetts Paid Family and Medical Leave Act

In June 2018, Massachusetts Governor Charlie Baker signed into law the Paid Family and Medical Leave Act (PFML). As previously reported, PFML creates a paid leave system which is funded by payroll contributions from employers and covered individuals and administered by the newly created Department of Family and Medical Leave (Department). Beginning in January 2021, all Massachusetts employees and some independent contractors will be eligible to take up to 26 weeks per year of partially paid leave for qualifying medical or family events. The Department has issued draft regulations for implementing PFML, and final regulations are expected by July 1, 2019.

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Tamsin R. Kaplan Contributes Section to ILN Paper on Sexual Harassment in the Workplace

The chapter, “What US: Massachusetts Companies Need to Know,” provides an overview of current workplace sexual harassment law, legislative response to the recent increase in sexual harassment complaints, and guidance for employers to enforce compliance in the workplace.

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Recent Massachusetts Supreme Judicial Court Case Rules That Employers Must Pay Overtime to Commission-Only Retail Employees

On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) ruled in Sullivan v. Sleepy’s LLC that commission-only retail salespeople are entitled to additional compensation for overtime and Sunday work. Retail sales employees of Sleepy’s were compensated solely by commissions and paid recoverable draws against those commissions of $125 per day. Although the employees’ commissions, recoverable draw and earned commissions over the draw exceeded the minimum wage and one and one-half times the minimum wage when the employees worked overtime or Sunday, the SJC held that the employees were entitled to additional amounts for overtime and Sunday premium pay. In reaching its conclusion, the Court reasoned that Massachusetts law prohibits the retroactive crediting of payments made for one purpose (i.e., commission compensation for hours worked) towards the entirely separate purpose of time and one-half for overtime hours and Sunday pay. In the Sleepy’s case, the draw plus commission compensation system did not provide the necessary extra compensation.

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Davis Malm Marks 40 Years as a Prominent Boston Law Firm

What started as a real estate boutique firm four decades ago has grown to a prominent and respected full-service business firm assisting diverse clients with their business, financing, litigation, real estate, environmental, employment, intellectual property, regulatory, and tax needs.

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Davis Malm Attorneys and Practice Area Recognized by 2019 Chambers USA

Davis Malm is pleased to announce that five of its attorneys in the Labor & Employment and Real Estate practice areas were recognized in the 2019 Chambers USA guide of recommended law firms and lawyers. The firm’s Labor & Employment Group was also ranked for the ninth consecutive year (Band 4), demonstrating the department’s quality reputation in representing employers and employees in all facets of employment-related matters.

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Robert J. Munnelly, Jr. To Present Data Security Program At MCLE

Mr. Munnelly will analyze the latest data security developments affecting Massachusetts businesses and institutions in 2019, and provide practical guidance on the critical legal and operational measures that must be addressed in an effective information security program.

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