Updates
Updates
NLRB Allows Employers to Stop Deducting Union Dues when CBA Expires
On December 16, 2019, the National Labor Relations Board (“NLRB”) issued a decision, Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, regarding an employer’s right to unilaterally stop deducting union dues at the expiration of a collective bargaining agreement (“CBA”). The Board initially permitted employers to stop collecting union dues after a CBA’s expiration in a 1962 decision called Bethlehem Steel. However, in 2015, the NLRB reversed course in a case titled Lincoln Lutheran of Racine.
IRS EXTENDS DEADLINE FOR CERTAIN ACA EMPLOYER REPORTING REQUIREMENTS
On December 2, 2019, the Internal Revenue Service (“IRS”) issued Notice 2019-63, extending the deadline on certain Patient Protection and Affordable Care Act (ACA) 2019 information-reporting requirements. The Notice also allows employers and other reporting entities to avoid the assessment of a penalty for failure to furnish 2019 Form 1095-B to employees (individuals).
LEGISLATURE PASSES LANDMARK SCHOOL FUNDING LEGISLATION
On November 20, 2019, the Massachusetts Legislature voted to approve the Student Opportunity Act (“the Act”). The Governor has ten days to respond to the Act. The Act requires the Commissioner of the Department of Education (“DESE”) to establish statewide targets for addressing persistent disparities in achievement among student subgroups, including in subject matter and relevant grade level. It further requires each superintendent, in consultation with the school committee, to establish local targets, consistent with the targets from DESE.
Massachusetts Legislature Passes Post-Janus Bill Over Governor’s Veto
On September 19th, the Massachusetts Legislature overwhelmingly overrode Governor Charlie Baker’s veto of a union-friendly law. The bill was passed in response to the U.S. Supreme Court’s 2018 decision in Janus v. AFSCME which relieved bargaining unit employees who were not members of the union of the obligation to pay dues to public sector unions. The Massachusetts bill allows unions to charge non-members certain fees, relieves unions of some of their obligations to those non-union employees, and expands unions’ access to public employees.
EEO-1 Pay Data Collection Deadline Approaching
Pursuant to a federal court decision filed on March 4, 2019, the Equal Employment Opportunity Commission (“EEOC”) has reinstated the pay data collection previously proposed for EEO-1 filers.
DFML Issues Clarifications on 1099-MISC Workers
In PFML News (“Paid Family Medical Leave”) issued on Thursday, September 5, 2019, the Department of Family and Medical Leave (DFML) issued new guidance on two (2) topics
Massachusetts Paid Family and Medical Leave Update: Governor, Senate President, and Speaker Commit to 3-Month Delay of MPFMLA Contributions
Yesterday, Tuesday, June 11, 2019, Governor Charlie Baker, Senate President Karen Spilka and House Speaker Robert DeLeo issued a joint press statement affirming their shared commitment to enact legislation making changes to the Massachusetts Paid Family and Medical Leave (MA PFML) program.
Natick First Circuit Success
FIRST CIRCUIT RULES IN FAVOR OF NATICK PUBLIC SCHOOLS’ ACCESS PROGRAM On May 22, 2019, the First Circuit Court of Appeals, upheld the determination of the Bureau of Special Education Appeals (“BSEA”) and the District Court that the Natick Public Schools’ (“District”...
Free Speech at School Committee Meetings: Is it Time to Revise Your Policy?
In a decision with the potential to impact school districts across Massachusetts, a Middlesex Superior Court judge recently issued guidance on the public’s right to free speech at school committee meetings.
Employers Take Note: Breaking News From the Department of Family and Medical Leave — 2 Critical Deadlines Extended Late Yesterday
Late yesterday afternoon, the Department of Family and Medical Leave extended 2 important deadlines relating to implementation of the new Paid Family and Medical Leave Act (MA PFML).
Charles Desmond Received MLK Living Legacy Award from UMass Boston
Murphy, Hesse, Toomey and Lehane advisory board member, Charles Desmond was presented with the MLK Living Legacy Award during the Salute to Those Who Served event. The William Joiner Institute for the Study of War and Social Consequences, Salute to Those Who Served celebrated Black History Month and the value of serving one’s country, both soldier and civilian along with the NAACP chapter of the University of Massachusetts Boston. This inaugural award was created to honor the memory of Dr. Martin Luther King and Read More
U.S. Department of Labor Issues Guidance on COVID-19 and the FLSA
In addition to issuing guidance on OSHA and COVID-19, which we covered in our Labor & Employment Alert issued on March 15, 2020, the U.S. Department of Labor also issued Questions and Answers on COVID-19 and the Fair Labor Standards Act (FLSA), and COVID-19 and the Family and Medical Leave Act (FMLA). This edition of the Client Alert will highlight the Questions and Answers provided by the DOL regarding the FLSA.
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