Tag Archives: Massachusetts

ILN Today Post

Massachusetts Governor Extends Moratorium on Evictions and Foreclosures Due to COVID-19 Pandemic

On July 21, 2020, Governor Charlie Baker extended the current moratorium on evictions and foreclosures during the COVID-19 pandemic for an additional sixty (60) days, until October 17, 2020. That moratorium was set in “An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency” (the Act), signed into law on April 20, 2020, and was due to expire August 18, 2020. The Act provided the Governor with the authority to postpone the expiration date in increments up to 90 days.

Read full article
ILN Today Post

Massachusetts Debt Collection Ban Stricken Down

In a decision with implications for condominium collections in Massachusetts, the U.S. District Court in Massachusetts on May 6, 2020 issued an order prohibiting the State Attorney General from enforcing parts of the March 27 emergency regulations restricting consumer debt collections during the COVID-19 state of emergency. As discussed in our April 7, 2020 client alert, those regulations banned debt collectors from calling debtors and initiating “collection lawsuits.”

Read full article
ILN Today Post

Massachusetts Temporarily Closes All Non-Essential Businesses

On March 23, Governor Baker issued an order requiring all businesses and organizations that do not provide “Covid-19 Essential Services” to close their brick-and-mortar operations at noon Tuesday, March 24 through noon on Tuesday, April 7, though they may continue to operate remotely.

Exhibit A to the Order designates certain production and service sectors as “Covid-19 Essential Services,” with the workforces engaged and working in these sectors designated as “Covid-19 Essential Workforces.”

Read full article
ILN Today Post

Paid Sick Time and Leave Amid COVID-19

As COVID-19 rapidly changes the economic landscape throughout the country, businesses and individuals are facing new and evolving challenges. To address these challenges, federal and state governments are quickly drafting laws and regulations that may affect employers of all sizes.

On March 18, 2020, the federal government enacted the Families First Coronavirus Response Act (the Act), discussed in more detail below, which entitles some employees to paid sick time and leave for issues arising directly from the COVID-19 outbreak. On the same day, Governor Charlie Baker signed into law a bill that waives the usual one-week waiting period for unemployment insurance benefits, allowing Massachusetts employees affected by COVID-19 to collect benefits immediately. In addition, the Department of Unemployment Assistance is finalizing emergency regulations to address a sudden increase in unemployment benefits claims because of COVID-19. Read more…

Read full article

State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate—Again

As discussed in our March 28, 2019 blog post, New Jersey adopted its own individual health insurance mandate, the   New Jersey Health Insurance Market Preservation Act (“NJHIMPA”).  The NJHIMPA requires, with certain qualifying exemptions, New Jersey residents to have minimum essential health coverage. New Jersey employers must verify health coverage information provided by individuals. To assist with employer reporting, New Jersey launched an official website with guidance on the filing requirements.

Read more

Read full article

New York Joins the Wave of States Requiring Businesses to Adopt Reasonable Cybersecurity Safeguards to Protect Private Information

New York is the latest state to adopt a law that requires businesses that collect private information on its residents to implement reasonable cybersecurity safeguards to protect that information. New York now joins California, Massachusetts and Colorado in setting these standards. New York’s law mandates the implementation of a data security program, including measures such as risk assessments, workforce training and incident response planning and testing. Businesses should immediately begin the process to comply with the Act’s requirements effective March 21, 2020. Notably, New York’s law covers all employers, individuals or organizations, regardless of size or location, which collect private information on New York State residents.

Read more

Read full article

Colorado Joins Wave of States to Offer Heightened Employee Protections

Colorado has joined a growing movement of states in passing laws that provide greater protections to employees and job applicants. Among these are the Equal Pay for Equal Work Act and a ban the box law, which limits criminal history inquiries for job applicants. The following is a breakdown of Colorado’s newest employment laws and how their implementation may impact employers and employees alike.

Read more

Read full article

Massachusetts Department of Family and Medical Leave Provides New Worker Notices and Posters, and Issues Final Regulations

As previously reported, last week the Massachusetts Department of Family and Medical Leave (“DFML”) announced several changes, both substantive and procedural, to the state’s Paid Family and Medical Leave program (“PFML”). This week, the DFML has provided further guidance on changes to the worker notice requirements, issued new workplace posters, and posted the final regulations.

Read more

Read full article

Massachusetts Sets New Deadlines and Contribution Rates for the Paid Family and Medical Leave Program, and Anticipates Further Changes

As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) recently extended the deadline for employers to provide notice to employees of their rights and obligations under the State’s Paid Family and Medical Leave (“PFML”) law. Subsequently, on June 11, 2019, Massachusetts Governor Charlie Baker, state Senate President Karen Spilka, and state House Speaker Robert DeLeo released a joint statement announcing that implementation of certain aspects of the PFML program are being pushed back, and that “technical changes” will be adopted to clarify the program. Thereafter, on June 14, 2019, the DFML released a notice on its website confirming one substantive revision along with several procedural revisions to the PFML program, including the following:

Read more

Read full article

The More Things Change, the More They Stay the Same: Court Holds That All Those New Non-Compete Rules under Massachusetts Act Do Not Supplant Old Public Policies Applicable To Pre-Existing Agreements

When Massachusetts enacted the Massachusetts Noncompetition Agreement Act (“MNCA”) in mid-2018, many suggested then and thereafter that such statutes reflected an anti-employer tilt in public policy. But we advised at that time that the MNCA in fact appeared to present manageable options for sophisticated employers advised by knowledgeable counsel.   A recent federal court decision from the District of Massachusetts in Nuvasive Inc. v. Day and Richard, 19-cv-10800 (D. Mass. May 29, 2019), supports our earlier read, and belies the notion that Massachusetts courts see the Commonwealth’s policy requiring application of its own law to pre-existing non-competes.  So despite the fear that the statute would eliminate multi-state employers’ ability to rely on more favorable non-Massachusetts law when enforcing restrictive covenants, the Nuvasive court’s result and analysis gives employers hope that such fears were overblown.

Read more

Read full article