News

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.

Latest News

Murphy, Hesse, Toomey & Lehane, LLP Partner Presents “Recent Developments in ERISA”

  Murphy, Hesse, Toomey & Lehane, LLP, Partner Katherine Hesse gave a plenary presentation on Recent Developments in ERISA on Friday September 16 to members of the Group Legal Services Association (“GLSA”) at its annual meeting in New Orleans.  Among the topics she emphasized were what employers/plan sponsors need to know in the aftermath of the Dobbs decision overturning Roe v. Wade and lessons from the Court’s decision in Hughes and other class action litigation as to factors to consider Read More

Legal Updates

MARIJUANA REFORM BILL BECOMES LAW

On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.

Quincy, MA

Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126

Boston, MA

75-101 Federal Street
Boston, MA 02110

Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469

Springfield, MA

One Monarch Place, Suite 1310R
Springfield, MA 01144

© 2022 Murphy, Hesse, Toomey & Lehane, LLP. All Rights Reserved. Website by Interactive Palette