As we previously summarized, the FFCRA allows parents to take up to 12 weeks of subsidized leave if their child’s school or place of childcare is closed due to the COVID-19 pandemic.
Last month, the United States Supreme Court ruled that federal law prohibits employment discrimination on the basis of gender identity and sexual orientation. The decision confirms that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from discrimination on the basis of “sex.” This new landmark decision has immediate, practical consequences for employers. Prior to this decision, discrimination against LGBTQ employees was legal in 27 states; now, employment discrimination based on sexual orientation or gender identity is prohibited nationwide.
Over the past few days, Governor Charlie Baker’s office has released guidance for employers on its phased reopening of the Massachusetts economy. The plan to reopen includes a carefully planned, four-phase approach which addresses which businesses can open when, and what requirements those businesses must follow in order to resume operations. Each phase will last a minimum of three weeks or longer, before transitioning to the next phase, though public health trends may require the state, or certain regions, to revert back to previous phases.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law. Its key provisions include an Employee Retention Credit, which allows employers to recoup certain wages paid to employees who are not providing services due to a suspension of operations related to COVID-19, and the creation of a temporary Pandemic Unemployment Assistance Program. Both of these mechanisms provide ways for businesses to avoid layoffs by implementing temporary shutdowns or reductions in hours.
During the pending COVID-19 crisis, many employers are considering layoffs to make sure they can keep their companies afloat. However, because the duration of the crisis is unknown and may be temporary, employers may wish to consider other cost-saving measures that are designed to be temporary and reversible in the event that the economy bounces back sooner rather than later. This article will address some of the cost-cutting strategies that Massachusetts employers can use in lieu of layoffs which will ensure that employers have an available workforce to call upon once business rebounds, and also save jobs.
The Massachusetts Act to Establish Pay Equity (“MEPA”) takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages, benefits and other compensation, and attorney’s fees. For an overview of MEPA, please see Part I of this two-part series on MEPA.
On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program – the Payroll Audit Independent Determination (“PAID”) – which allows employers to self-report inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”) without risk of litigation or enforcement proceedings. The new six-month pilot program is expected to launch in April 2018.
The Massachusetts Act to Establish Pay Equity (“MEPA”) takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages (double the amount of the unpaid wages for up to three years), other compensation, and attorney’s fees. The new legislation also lengthens the statute of limitations for filing a claim to three years, and plaintiffs may choose to go directly to court to file suit or to file a claim with the Massachusetts Attorney General.
