Updates
Updates
Massachusetts Paid Family and Medical Leave Benefits Begin on January 1, 2021: Are You Ready?
On January 1, 2021, most benefits provided by the Massachusetts Paid Family and Medical Leave Act (“PFML”) will become available. While employers have been wrestling with issues regarding contributions, private plan exemptions, and notice requirements for quite some time, the availability of benefits next month is likely to prompt new questions and generate new challenges. This alert is designed to highlight some key issues that employers should be aware of as they prepare to handle employees’ requests for benefits.
THE HAZY THICKET OF MEDICAL MARIJUANA INSURANCE COVERAGE: The Massachusetts Supreme Judicial Court Holds That Insurers Do Not Need to Reimburse Medical Marijuana Claims
On October 27, 2020, the Supreme Judicial Court of Massachusetts (SJC) provided guidance amidst the tension between Massachusetts law and federal law with regards to insurance coverage for medical marijuana. In its decision in Daniel Wright’s Case (“Wright”), the SJC held that a worker compensation insurer did not have to reimburse an insured party’s claim for medical marijuana.
Governor Baker Issues Three New COVID-19 Orders
On Monday, November 2, 2020, Governor Baker issued three new COVID-19 Orders, all of which are effective Friday, November 6, 2020 at 12:01 a.m.
COVID-19 Order No. 53 (https://www.mass.gov/doc/covid-19-order-53/download) imposes a Mandatory Night-Time Closing Period for Certain Businesses and Activities from 9:30 p.m. each day until 5:00 a.m. the following day. This Mandatory Closing Period Order prohibits certain businesses, facilities, and activities from admitting customers, patrons, or members of the public to their premises or otherwise offering, providing, or permitting in-person, on-premises services or activities, during the closed period.
Department of Labor Issues Revised Temporary Rule on Families First Coronavirus Response Act Including New Guidance Relating to Intermittent Leave
On Friday, September 11, 2020, the Department of Labor issued revisions to the temporary rule regarding the federal Families First Coronavirus Response Act (“FFCRA”). Those revisions can be found here – https://www.federalregister.gov/documents/2020/09/16/2020-20351/paid-leave-under-the-families-first-coronavirus-response-act. The revisions take effect on September 16, 2020.
TREASURY ISSUES GUIDANCE ON DEFERRAL OF EMPLOYEE SOCIAL SECURITY CONTRIBUTIONS
On Friday, the IRS released long-awaited guidance on President Trump’s previous Executive Memorandum to Treasury Secretary Stephen Mnuchin directing him to defer the collection of the employee portion of Social Security employee payroll taxes.
Governor Baker Issues Guidance on the Enforcement Mechanism for COVID-19 Executive Orders
On August 18th, Governor Baker issued an executive order providing guidance to municipalities regarding how to enforce the numerous executive orders in effect in response to COVID-19. Many of the Governor’s prior orders provided municipalities with the authority to enforce the executive orders. For example, the Governor’s recent order mandating quarantine for travelers entering the Commonwealth from out of state provides local boards of health and their authorized agents as well as municipal police with powers to enforce the order. The Governor’s August 7th executive order limiting the size of in-person gatherings also allowed for enforcement by local boards of health and municipal police departments.
NAVIGATING CONTRACTS WITH APPROVED PRIVATE SPECIAL EDUCATION SCHOOLS
In recent months, some private approved special education schools have insisted that school districts utilize the private school’s monitoring contract or agree to an addendum to the school district’s monitoring contracts. Some private schools have suggested problematic terms, such as:
National Labor Relations Board Changes Legal Approach to Employee’s Use of Profane, Racist, and Sexually Harassing Speech in Protected Activity
On July 21, 2020, the National Labor Relations Board (“the Board”) changed its analysis towards an employee’s use of verbally offensive behavior in the context of protected activity under Section 7 of the National Labor Relations Act (“the Act” or “NLRA”) in the following decision: General Motors, LLC, No. 14-CA-197985, 369 NLRB No. 127 (2020).
Guidance on Expanded Mixed Drink Take-out/Delivery Options in Response to COVID-19
On July 20, 2020, Governor Charlie Baker signed “An Act to Expand Take-out/Delivery Options in Response to COVID-19 (“Act”)” into law. The Act is an emergency measure intended to address significant disruptions to the restaurant industry in the Commonwealth caused by the COVID-19 pandemic. The Act temporarily allows establishments that are currently licensed by Massachusetts law to sell all alcoholic beverages to be consumed on-premises to sell mixed drinks for off-premises consumption, subject to restrictions, effective July 20, 2020. The Act will remain in effect until the Governor’s state of emergency is lifted or on February 28, 2021, whichever occurs earliest. An all alcohol license is required; this temporary authorization does not extend to establishments with only wine and malt beverages licenses.
Education Alert
On May 6, 2020, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 14, 2020, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures.
Statutory Regulations Released for Interagency Review of Complex Cases
On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.
U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS
On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.
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