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Uncertainty for Employers as Effective Date for FTC Non-Compete Ban Approaches

"[S]ince the Texas court decision will likely be released the Friday before Labor Day weekend, just two business days before the effective date of the rule, it would be prudent for employers to do the following: [1] audit existing agreements so that they understand what agreements exist (with both current workers and former workers whose noncompete provisions are still in effect), and [2] consider drafting a notice to those workers, so it is ready to send if the rule takes effect on September 4th."

Massachusetts Paid Family and Medical Leave Benefits Become Available on January 1, 2021

"Action items for employers: [1] Determine whether you qualify for a PFMLA exemption, and if so, submit your application. [2] Calculate the number of your covered employees ... make appropriate payroll withholdings; ensure timely completion of quarterly filings. [3] Review your company's policies on medical and family leave to ensure compliance ... [4] Prominently hang the PFMLA poster in your physical workspace and provide translated posters ... [5] Provide written notice to your Massachusetts employees about PFMLA benefits available and retain an acknowledgement of their review of the notice."

Tax Credits Available to Employers Under the FFCRA and the CARES Act

"These credits are allowed against the employer's portion of Social Security taxes and are equal to 100% of the sick leave wages and family leave wages paid under the FFCRA and 50% of qualified wages paid under the employee retention credit provisions of the CARES Act.... These tax credits are refundable, so if the credits exceed the employer’s Social Security tax liability, the employer is entitled to a refund from the IRS. "

New Jersey Requires Severance and Increased Notice to Employees Terminated in Layoffs

"[E]mployees may only waive their right to severance if approved by the Commissioner of Labor and Workforce Development or a court of competent jurisdiction. Therefore, any claim for severance pay under the statute cannot be released by a traditional employee separation agreement. Employers that request a release of claims in connection with a plant closing or a layoff will have to provide additional consideration for the release beyond the severance and notice required by the Act."

Massachusetts New Paid Family Medical Leave Law: What You Need to Know

"On or before September 30, 2019 employers must provide employees with notice of the PFML and of the rates and contributions for 2019. The Department has provided a template poster in multiple languages, ... because employers must provide the poster in English and in each language which is the primary language of 5 or more individuals in its workforce.... [An] employer must give each member of its workforce the opportunity to acknowledge or decline to acknowledge receipt of this notice."

Massachusetts Supreme Judicial Court Affirms $2 Million Jury Verdict in Favor of Employee Who Vacationed During FMLA Leave

"The court stated, 'DaPrato took FMLA leave to allow his foot to recover fully from surgery. Such recovery could take place in a warm climate as well as in a New England winter.' However, the court also warned, 'An employee recovering from a leg injury . . . may not climb Machu Picchu without abusing the FMLA process. Careful consideration of the reasons for the medical leave and the activities undertaken, including the timeline for rehabilitation and recovery, are required to determine whether the FMLA leave has been abused.' " [DaPrato v. Mass. Water Res. Auth., No. SJC-12651 (Mass. June 5, 2019).]

Updates to Massachusetts Paid Family Medical Leave Act

"Massachusetts employers are responsible for collecting and submitting contributions, which will operate similarly to Massachusetts state unemployment contributions, if: [1] The employer has W-2 employees in Massachusetts; [2] More than 50% of the employer's workers are contractors for whom the employer reports payments on 1099 forms; or [3] An individual is self-employed and has opted in."

Potential Year-End Amendment Required for Cafeteria Plans

"[IRS Notice 2015-86] confirms that Obergefell has minimal or no impact on most types of plans because of previously required same-sex marriage plan changes resulting from the United States v. Windsor decision. However, the IRS identified and provided guidance on a situation unique to cafeteria plans ... Employers who, in response to Obergefell, began providing coverage midyear under their cafeteria plan to the same-sex spouses of their employees, may need to amend their cafeteria plans by December 31, 2015."

Massachusetts Passes New Paid Sick Leave Law

"Employers that do not currently grant paid time off to all employees will need to implement a new policy. Employers that already provide paid time off that may be used to cover absences (such as under a vacation time or other PTO policy) may not have to offer additional time off, but will likely need to revise their existing policies to ensure that they comply with the new law's use and accrual requirements. Employers must also post notice of the law, once prepared by the Attorney General, in a location conspicuous to employees."

California Passes Paid Sick Leave Law, Joining Nationwide Trend

"Notably, the law applies to employers of all sizes, and to California employees of companies based in other states.... California is the second state (after Connecticut) to pass a paid sick leave law, and these laws appear to be on the rise. Several municipalities have also mandated paid sick leave, including New York City, San Francisco, San Diego, Seattle, Jersey City and Newark, New Jersey and Eugene, Oregon. In Massachusetts, paid sick leave is a statewide ballot measure in the November 2014 election."