Mark Batten
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Articles by Mark Batten
There and Back Again - DOL Proposes New Joint Employer Rule
The U.S. Department of Labor (DOL) has reentered the joint-employer arena with a new proposed rule that aims to bring uniformity to a fractured legal landscape. The April 23, 2026 Notice of Proposed Rulemaking would establish a single standard for joint-employer status under the FLSA, FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”), filling a void since the 2021 rescission of the 2020 rule issued in the last days of the first Trump Administration.
There And Back Again: DOL Proposes New Joint Employer Rule
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There and Back Again: DOL Proposes New Joint Employer Rule
The U.S. Department of Labor (DOL) has reentered the joint-employer arena with a new proposed rule that aims to bring uniformity to a fractured legal landscape. The April 23, 2026 Notice of Proposed Rulemaking would establish a single standard for joint-employer status under the FLSA, FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”), filling a void since the 2021 rescission of the 2020 rule issued in the last days of the first Trump Administration.
There and Back Again: DOL Proposes New Joint Employer Rule
The U.S. Department of Labor (DOL) has reentered the joint-employer arena with a new proposed rule that aims to bring uniformity to a fractured legal landscape. The April 23, 2026 Notice of Proposed Rulemaking would establish a single standard for joint-employer status under the FLSA, FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”), filling a void since the 2021 rescission of the 2020 rule issued in the last days of the first Trump Administration.
Massachusetts Pay Transparency Law Takes Effect October 29 | JD Supra
A law passed last year – An Act Relative to Salary Range and Transparency (the “Act”) – is scheduled to take effect October 29 and will require certain private employers to disclose wage ranges in job postings. Under the Act, employers with 25 or more employees in Massachusetts will be required to: Include pay ranges in job postings for all positions in the state.
Massachusetts Pay Transparency Law Takes Effect October 29
A law passed last year – An Act Relative to Salary Range and Transparency (the “Act”) – is scheduled to take effect October 29 and will require certain private employers to disclose wage ranges in job postings. Under the Act, employers with 25 or more employees in Massachusetts will be required to: Include pay ranges in job postings for all positions in the state.
Forfeiture Clauses Triggered By Non-Solicitation Breaches Do Not Fall Under Massachusetts Noncompetition Agreement Act
Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the "Act") restricted employers' use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause.
Forfeiture Clauses Triggered by Non-Solicitation Breaches Do Not Fall Under Massachusetts Noncompetition Agreement Act | JD Supra
Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause.
Forfeiture Clauses Triggered by Non-Solicitation Breaches Do Not Fall Under Massachusetts Noncompetition Agreement Act
Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause.
Forfeiture for Solicitation Not Under Ma Noncompete Law
Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause.
New Massachusetts Employer EEO Reporting Begins Monday, February 3, 2025
As we previously reported, certain Massachusetts employers will now be required to annually submit Equal Employment Opportunity (EEO) reporting to the state. Massachusetts Governor Maura Healey signed the legislation into law in July 2024 and the first deadline arrives Monday, February 3, 2025. The Executive Office of Labor and Workforce Development recently issued FAQs clarifying what's required.
New Massachusetts Employer EEO Reporting Begins Monday, February 3, 2025 | JD Supra
As we previously reported, certain Massachusetts employers will now be required to annually submit Equal Employment Opportunity (EEO) reporting to the state. Massachusetts Governor Maura Healey signed the legislation into law in July 2024 and the first deadline arrives Monday, February 3, 2025. The Executive Office of Labor and Workforce Development recently issued FAQs clarifying what’s required.
Pay Range Will Be Required In Massachusetts Job Ads Starting July 31, 2025
On July 31, 2024, Massachusetts Governor Maura Healey signed into law new legislation that requires employers with 25 or more employees in Massachusetts to include pay range in job ads. The statute requires that the posted pay range be the annual salary or hourly wage range the employer "reasonably and in good faith expects to pay for such position at that time." The requirement does not go into effect until next year on July 31, 2025.
Court Rejects Application of Flood Exclusion to Hurricane Rainfall
As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a flood and therefore did not trigger a flood exclusion. This decision, and the insured’s submission of evidence to prove causation, serves as a roadmap for policyholders challenging an insurer’s overbroad application of an exclusion. In G.E.M.S. Partners LLC v. AmGUARD Ins.
Pay Range Will Be Required in Massachusetts Job Ads Starting July 31, 2025
On July 31, 2024, Massachusetts Governor Maura Healey signed into law new legislation that requires employers with 25 or more employees in Massachusetts to include pay range in job ads. The statute requires that the posted pay range be the annual salary or hourly wage range the employer “reasonably and in good faith expects to pay for such position at that time.” The requirement does not go into effect until next year on July 31, 2025.
Stay Tuned: Massachusetts Legislature Poised To Enact Pay Transparency Requirements
Massachusetts is poised to join to the growing number of states enacting pay transparency laws which, among other things, require employers to disclose minimum and maximum salary ranges for job openings. At present, the Massachusetts House of Representatives and Senate have passed largely similar pay transparency bills, with the expectation that a consolidated bill will eventually be signed into law by Governor Maura Healey.
Abortion Rights to Be Codified in Ohio State Constitution
On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac activity was detected (typically around six weeks’ gestation) through its “Heartbeat Law.” Challenges to Ohio’s Heartbeat Law under Roe v. Wade and Planned Parenthood v. Casey prevented it from taking effect until the U.S. Supreme Court’s decision in Dobbs v.
Stay Tuned: Massachusetts Legislature Poised to Enact Pay Transparency Requirements
Massachusetts is poised to join to the growing number of states enacting pay transparency laws which, among other things, require employers to disclose minimum and maximum salary ranges for job openings. At present, the Massachusetts House of Representatives and Senate have passed largely similar pay transparency bills, with the expectation that a consolidated bill will eventually be signed into law by Governor Maura Healey.
Stay Tuned: Massachusetts Legislature Poised to Enact Pay Transparency Requirements
Mark W. Batten is a partner in the Labor & Employment Law Department and co-head of the Class & Collective Actions Group. Mark represents employers nationwide at all stages of complex employment litigation, including class and collective actions on wage and hour matters and discrimination claims.
New Massachusetts Law Creates Expanded Definition of Racial Discrimination in Employment and Other Areas to Encompass “Natural or Protective Hairstyles” | Proskauer - Law and the Workplace - JDSupra
On July 26, 2022, Massachusetts Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair Act (“CROWN Act”) into law, making Massachusetts the 18th state to enact legislation aimed at protecting against discrimination on the basis of hairstyles that are historically associated with race. The CROWN Act will go into effect October 24, 2022, 90 days after Governor Baker signed the bill.
New Massachusetts Law Creates Expanded Definition of Racial Discrimination in Employment and Other Areas to Encompass “Natural or Protective Hairstyles”
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New Massachusetts Law Creates Expanded Definition of Racial Discrimination in Employment and Other Areas to Encompass “Natural or Protective Hairstyles”
On July 26, 2022, Massachusetts Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair Act (“CROWN Act”) into law, making Massachusetts the 18th state to enact legislation aimed at protecting against discrimination on the basis of hairstyles that are historically associated with race. The CROWN Act will go into effect October 24, 2022, 90 days after Governor Baker signed the bill.
Massachusetts COVID-19 Emergency Paid Sick Leave Program To End March 15, 2022
United States: Massachusetts COVID-19 Emergency Paid Sick Leave Program To End March 15, 2022 09 March 2022 by Arielle E. Kobetz , Rebecca Fishbein and Mark Batten Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Title: Massachusetts COVID-19 Emergency Paid Sick Leave Program to End March 15, 2022 | JD Supra
The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022, and employers have until April 29, 2022 to file their applications for reimbursements. This means employees may continue to take leave under the program through March 15th, but employers then have until April 29th to file any outstanding claims.
Title: Massachusetts COVID-19 Emergency Paid Sick Leave Program to End March 15, 2022
The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022, and employers have until April 29, 2022 to file their applications for reimbursements. This means employees may continue to take leave under the program through March 15th, but employers then have until April 29th to file any outstanding claims.
Massachusetts Creates Exception To At-Will Employment For Employees Exercising The
United States: Massachusetts Creates Exception To At-Will Employment For Employees Exercising The "Right Of Rebuttal" 29 December 2021 by Mark W. Batten and Rebecca Fishbein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal” | JD Supra
On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file. The Supreme Judicial Court found this new common law remedy is necessary to fully protect this legal right and to “complement the remedial scheme.” See Meehan v. Med. Info. Tech., Inc., No. SJC-13117, 2021 WL 5990887 (Mass. Dec. 17, 2021).
Massachusetts High Court Clarifies Test To Determine Joint Employer Status Under State Wage And Overtime Statutes
United States: Massachusetts High Court Clarifies Test To Determine Joint Employer Status Under State Wage And Overtime Statutes 22 December 2021 by Mark W. Batten and Rebecca Fishbein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Following this ruling, whether an entity is considered a joint employer under Massachusetts wage and overtime laws (see Mass. Gen. Laws Ann. ch.
Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”
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Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”
On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file. The Supreme Judicial Court found this new common law remedy is necessary to fully protect this legal right and to “complement the remedial scheme.” See Meehan v. Med. Info. Tech., Inc., No. SJC-13117, 2021 WL 5990887 (Mass. Dec. 17, 2021).
Massachusetts High Court Clarifies Test to Determine Joint Employer Status under State Wage and Overtime Statutes | JD Supra
On December 13, 2021, the highest state court in Massachusetts ruled that the proper test for determining joint employer status under the state’s wage and overtime statutes is the “totality of the circumstances” test formerly used under the Federal Fair Labor Standards Act (“FLSA”), and not the more restrictive test of Mass. Gen. L. c. 149, §148B.
Massachusetts High Court Clarifies Test to Determine Joint Employer Status under State Wage and Overtime Statutes
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Massachusetts Enacts COVID-19 Emergency Paid Sick Leave
United States: Massachusetts Enacts COVID-19 Emergency Paid Sick Leave 09 June 2021 by Mark W. Batten and Heylee Bernstein Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Last week, Massachusetts Governor Charlie Baker signed legislation providing for COVID-19 Emergency Paid Sick Leave for Massachusetts employees. Governor Baker vetoed an earlier version of the bill in April.
Massachusetts Enacts COVID-19 Emergency Paid Sick Leave | JD Supra
Last week, Massachusetts Governor Charlie Baker signed legislation providing for COVID-19 Emergency Paid Sick Leave for Massachusetts employees. Governor Baker vetoed an earlier version of the bill in April. The revised bill, signed into law on May 28, 2021, takes effect on Monday, June 7, 2021. Employees are eligible for COVID-19 Emergency Paid Sick Leave until September 30, 2021, or until the Fund (explained below) runs out, whichever is earlier.
Mass. COVID-19 Emergency Paid Sick Leave Effective Jun 7
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Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause | JD Supra
The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail themselves of the public policy exception to the general rule that an employee at will may be terminated without cause. In Terence Meehan v.
Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause
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Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause
The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail themselves of the public policy exception to the general rule that an employee at will may be terminated without cause. In Terence Meehan v.
Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1st: Is Your Workplace Ready?
Tuesday, December 22, 2020 For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and contributions, displayed a poster informing them of the same, determined the size of your workforce and who is a “covered individual,” begun making deductions on behalf of eligible employees or applied for a private plan exemption, and more.
Hearing Scheduled On Proposed Amendments To Massachusetts Paid Family And Medical Leave Law
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Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law | JD Supra
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019. (Instructions for registering for the virtual hearing are available at this link).
Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law
Thursday, June 11, 2020 On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019. (Instructions for registering for the virtual hearing are available at this link).
Massachusetts Announces Four Phase Plan To Reopen
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Massachusetts Announces Four Phase Plan to Reopen | JD Supra
On Monday May 18, 2020, Governor Baker announced the first phase of his administration’s much-anticipated plan to reopen Massachusetts (the “Plan”), nearly eight weeks after first ordering non-essential businesses to close and advising residents to stay home in light of the COVID-19 pandemic. In describing the phased reopening, the Governor repeatedly emphasized that the coronavirus has hit Massachusetts particularly hard – both in terms of confirmed cases and confirmed cases per capita.
Massachusetts Announces Four Phase Plan to Reopen
Tuesday, May 19, 2020 On Monday May 18, 2020, Governor Baker announced the first phase of his administration’s much-anticipated plan to reopen Massachusetts (the “Plan”), nearly eight weeks after first ordering non-essential businesses to close and advising residents to stay home in light of the COVID-19 pandemic.
Massachusetts Announces Four Phase Plan to Reopen
On Monday May 18, 2020, Governor Baker announced the first phase of his administration’s much-anticipated plan to reopen Massachusetts (the “Plan”), nearly eight weeks after first ordering non-essential businesses to close and advising residents to stay home in light of the COVID-19 pandemic. In describing the phased reopening, the Governor repeatedly emphasized that the coronavirus has hit Massachusetts particularly hard – both in terms of confirmed cases and confirmed cases per capita.
Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers
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Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers
On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination. The Second Circuit’s holding is the latest in the case Jock v.
Ninth Circuit Affirms Denial of Class Certification for Wage and Hour Claims on Predominance Grounds | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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