Massachusetts has a new law that prohibits employers from requiring that certain types of employees sign non-competition or “forfeiture for competition” agreements (collectively “non-competition agreements”) and establishes minimum requirements that non-competition agreements must meet to be enforceable. The new law will take effect on October 1, 2018 and apply to agreements executed after that date.
The Massachusetts Act to Establish Pay Equity (“MEPA”) takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages, benefits and other compensation, and attorney’s fees. For an overview of MEPA, please see Part I of this two-part series on MEPA.
On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program – the Payroll Audit Independent Determination (“PAID”) – which allows employers to self-report inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”) without risk of litigation or enforcement proceedings. The new six-month pilot program is expected to launch in April 2018.
The Massachusetts Act to Establish Pay Equity (“MEPA”) takes effect on July 1, 2018. The goal of the new law is to reduce pay differentials among men and women doing comparable work. The penalties for violating the new law include back wages (double the amount of the unpaid wages for up to three years), other compensation, and attorney’s fees. The new legislation also lengthens the statute of limitations for filing a claim to three years, and plaintiffs may choose to go directly to court to file suit or to file a claim with the Massachusetts Attorney General.
Beginning on January 1, 2018, the New York Paid Family Leave law (NYPFL) will require nearly all private employers in the State of New York to offer Paid Family Leave (PFL) to employees to help them bond with a child, care for a close relative with a serious health condition, or help relieve family pressures when someone is called to active military service. PFL provides employees with wage replacement benefits, continued health insurance, and job protection upon return from PFL.
USCIS has published an updated handbook for employers, providing detailed guidance for completing Form I-9 (Employment Eligibility Verification). This version - dated January 22, 2017 - replaces the previous handbook and supports the recently revised Form I-9 (November 14, 2016).
As you may know, federal law requires employers to verify the identity and employment authorization of all employees hired in the United States by completing and retaining a Form I-9 for each employee at the time of hire. This requirement applies to both citizens and non-citizens. U.S. Citizenship and Immigration Services has just released a new version of this form, dated November 14, 2016.
As year-end looms in the distance, it is critical that employers focus on the upcoming changes to the Fair Labor Standards Act (“FLSA”), which become effective December 1, 2016.
