Partner Nan O’Neill of Murphy, Hesse, Toomey & Lehane Introduced the Educational Session Conducted by the Department of Family and Medical Leave
For Massachusetts employers, the South Shore Chamber of Commerce Human Resources Advisory Group and Government Affairs Committee held a Paid Family and Medical Leave law session conducted by the Department of Family and Medical Leave (“DFML”). The session was led by Mike Doheny, Undersecretary of Department of Labor and Workforce Development and General Counsel to the Secretary of Labor, Greg Norfleet, Deputy Director of Operations, and Mary Tibma, Manager of Stakeholder Engagement. Also in attendance was Bob Foley, Chief Operating Officer for Tax Administration for the MA Department of Revenue.
The Educational Session took place on Wednesday, June 26, 2019 at the Doubletree Inn in Rockland, MA. Nan O’ Neill, Partner with Murphy, Hesse, Toomey & Lehane, LLP, introduced the speakers as well as assisted with organizing the event through her position on the Human Resources Advisory Group.
The DFML presentation focused on counting the workforce with particular emphasis on counting 1099-MISC contract workers and employment that is performed both inside and outside of Massachusetts.
With respect to 1099-MISC contract workers, the DFML emphasized that employers must report payments for all of their contract workers even if they comprise 50% or less of the workforce. The purpose of this reporting is intended to assist with auditing and program integrity. The DFML also stated that even though employers are not required to notify contract workers of their rights under the PFML when they comprise 50% or less of the workforce, the DFML would like to see such notification so that such workers can evaluate whether they want to elect coverage on their own.
Regarding employment performed both inside and outside of Massachusetts, the DFML outlined the 3 factors to consider, i.e. (1) location of base of operations; (2) origin of direction and control; and (3) residence of worker.
The DFML also indicated that with respect to private plan exemptions, while there are no insured private plans available yet, it is evaluating whether insurers can develop a plan, apply for an exemption, and then market it as a DFML-approved private plan. The DFML is also working with the MA Department of Insurance to develop a sample self-insured plan.
The DFML advised that its website will continue to be updated. Accordingly, employers should routinely monitor the website for up-to-date compliance information.
For questions about these issues, please contact Attorney Nan O’Neill or the attorney assigned to your account.
Murphy, Hesse, Toomey & Lehane, LLP Presents in Collaboration with Cape Cod Human Resources Association
Murphy, Hesse, Toomey & Lehane, LLP Partners presented their Labor & Employment Law Update in collaboration with the Cape Cod Human Resources Association. Attorney Nan ONeill presented the first segment titled “Creating Your Tool Kit for Meeting Reasonable Accommodation Obligations”, where she examined reasonable accommodation obligations applicable in the current health crises, including the global pandemic and opioid misuse, and outlined steps to create your own toolkit. Attorney Kier Wachterhauser presented a 2020-2021 Case Law Update, followed by Read More
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) which provides for a $1.9 trillion economic stimulus package. State and local governments, and also many educational entities, will receive substantial funding. Having endured the last year of the global COVID-19 pandemic, both states and local governments, as well as schools, have experienced unexpected expenses, losses in revenues, and budgetary burdens. The purpose of this Client Alert is to explain generally how funds from the ARPA relief aid have been designated to alleviate those COVID-19-related challenges.