On April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Reuter v. City of Methuen, 489 Mass. 465, (2022), holding that employers are liable for three times the wages owed when they fail to pay wages timely pursuant to the Massachusetts Wage Act (Wage Act). According to the SJC, treble damages are mandated regardless of the length of the delay in payment, the intent of the employer, or whether the employer paid the employee prior to a complaint being filed.

On January 26, 2022, a new law amending New York’s whistleblower statute (Section 740 of the NY Labor Law) took effect, significantly bolstering protections for private-sector employees alleging retaliation against their employers. Specifically, the amended law prohibits private-sector employers from retaliating against employees, former employees, and independent contractors for disclosing or threatening to disclose, to a supervisor or public body, any conduct that they reasonably believe violates any law, rule or regulation, executive order, or any judicial or administrative decision, ruling, or order; or that they reasonably believe constitutes a substantial and specific danger to the public health or safety.

On May 28, 2021, Massachusetts Governor Charlie Baker signed a new law providing job- protected, emergency paid sick leave for COVID-related illness, quarantine and vaccinations (“COVID-19 Sick Leave”) for all employees in the Commonwealth.

On March 31, newly appointed Acting General Counsel of the National Labor Relations Board (NLRB), Peter Sung Ohr, issued a memorandum to all Regional Directors advising that his office plans to robustly enforce workers’ rights under Section 7 of the National Labor Relations Act (NRLA), including the right to engage in concerted activities for mutual aid or protection.