employmentlaw

Massachusetts Earned Sick Time Law: What it Does and Who it Covers

Published on: December 11, 2024 | by Naomi Shatz

In 2014 voters in the Commonwealth approved a ballot measure that created the Massachusetts Earned Sick Time Law (G.L.c. 149 § 148C) (MESTL), which guarantees most Massachusetts workers up to 40 hours of earned sick time per year. Last month the coverage of the law expanded to cover physical and mental health needs arising from pregnancy, surrogacy, assisted reproductive technology, or adoption loss.

Who does the law apply to?

The law applies to almost employees whose primary place of work is Massachusetts. The regulations under the law define “primary” place of work as a place the employee works more than any other place; for an employee who works in multiple states it is the state in which she spends the most of her time. For example, if an employee works remotely for a company, and spends 40% of her time working from Massachusetts, 30% working from Florida, and 30% working from California, Massachusetts would be the primary place of work.

Attorney Ana Muñoz Speaks to Massachusetts Lawyers Weekly About New SJC Decision

Published on: September 13, 2024 | by Ana Muñoz

Attorney Ana Muñoz spoke to Massachusetts Lawyers Weekly this week about the SJC’s decision in Patel et al. v. 7-11 Inc., et al. The Court answered a certified question from the First Circuit about how to address claims by franchisees that they have been misclassified as independent contractors. Muñoz, who wrote an amicus brief in the case on behalf of the Massachusetts Employment Lawyers Association (MELA), noted that in its decision “the SJC also reaffirmed its commitment to ensuring that people are paid for their work by adopting a broad reading of the Wage Act under which a label like ‘franchisee’ will not be determinative.” Read the full story here: Bar sees balance in SJC’s ruling in 7-Eleven case | Massachusetts Lawyers Weekly (masslawyersweekly.com)

What to do if you’re placed on administrative leave

Published on: June 5, 2024 | by Jennifer M. Herrmann

Being placed on administrative leave can feel like limbo – you still have your job, but you’ve been told to stay away from your workplace, and perhaps your colleagues, often for an unknown amount of time. In this difficult situation, it’s important to learn about your legal rights and proceed cautiously with your workplace relationships to safeguard your career and well-being.

What is administrative leave, and why does it happen?

Administrative leave is when an employer removes an employee from the workplace and their job duties temporarily but, typically, continues to provide the employee with their salary and benefits. A person on administrative leave is still employed, and most employers distinguish between a non-disciplinary administrative leave and a disciplinary suspension. Administrative leave often happens when there is an allegation of misconduct against an employee. An employer may place an employee on leave to investigate allegations or to address concerns about disruptiveness or dangerousness in the workplace. In Massachusetts, where an employee must be paid in full on the day of termination, employers will sometimes place an employee on a short administrative leave pending a known termination date in order to ensure that they can comply with the Wage Act by providing full payment on the last day of work. Administrative leaves can also be mutually agreed on in some circumstances, like a sabbatical or unpaid leave.