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The Legal Line®

DOL Delays Tip Credit and Independent Contractor Rules

March 9, 2021

The U.S. Department of Labor (“DOL”) recently announced the delay of the effective date of a pair of important regulations published at the end of the Trump administration.  These regulations were propounded in December, 2020, and early January, 2021, respectively, right before President Biden’s inauguration.  Just when the pandemic seemed to be coming under control … Read more

Don’t just get even, or you might just get sued.

February 27, 2021

Retaliation was far and away the most frequently cited claim in charges filed with the EEOC in 2020, followed distantly by disability, race and sex in that order in a close scrum. Retaliation stood at 55.8% of all charges filed. Here the numbers in descending order of frequency: Retaliation: 37,632 (55.8 percent of all charges … Read more

Massachusetts Passes Campus Sexual Assault Law

February 4, 2021

Colleges and universities have already had to adjust to many changes this year.  In the middle of the COVID-crisis, the U.S. Department of Education finalized new Title IX regulations (summarized in this VAC blog post).  Now Massachusetts colleges and universities have additional rules to contend with. Last month, Massachusetts passed new legislation addressing the obligations … Read more

Final DOL Rule on Tip Pooling and Sharing

January 13, 2021

The DOL recently announced its final rule regarding when and how, if at all, employers can share tips with cooks, servers and others on the restaurant team. Among other things, the Department: removes prohibitions for those employers that do not take a tip credit from implementing mandatory “nontraditional” tip pools; prohibits employers from keeping employees’ … Read more

Paid Family and Medical Leave in Massachusetts Begins, for the most part.

January 13, 2021

Massachusetts Paid Family Medical Leave began January 1, 2021. Post your poster! Here is an example from the state:  https://www.mass.gov/doc/paid-family-and-medical-leave-mandatory-workplace-poster/download We’ve all been paying for this benefit already, but now the rubber meets the road to see if we’ve been paying enough and how the system will really work. Briefly, the new law gives employees … Read more

EEOC Issues Guidance on Legally Compliant COVID Vaccination Programs

January 6, 2021

On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its guidance concerning COVID-19, this time to address vaccinations.  Just as with past guidance, the new information regarding vaccinations comes in the form of questions and answers that show up in the last section of the EEOC’s COVID-19 technical assistance publication.  These … Read more

EEOC Publishes Proposed Religious Discrimination Guidance for Public Comment

December 10, 2020

Just before Thanksgiving, the Equal Employment Opportunity Commission (“EEOC”) published proposed new guidance regarding religious discrimination in the workplace.  The 100+ page guidance explains an employer’s obligations regarding religion discrimination mostly by giving common examples of how religion and workplace rules tend to collide and if and how the scenarios violate the law.  In fact, … Read more