This week’s question comes from Marco, a small business owner in Massachusetts. I terminated an employee. He wants to get his paycheck before he leaves the building. How quickly must I pay a terminated employee? Answer: Under Massachusetts General Law (MGL) c. 149...
Tax Treatment of Health Coverage for Former Spouse Clarified
The Internal Revenue Code of 1986 as amended (IRC) provides in §106 for an exclusion from income for employer-provided health insurance that covers the employee, the employee’s spouse, the employee’s children, and the employee’s qualifying relatives. Prop. Treas. Reg....
Prevailing Wage Must Be Used for Overtime Calculation Rules Massachusetts Supreme Judicial Court
In Mullally, et al. v. Waste Management of Massachusetts, Inc., SJC-10181 (Mass. 11/6/2008), the Supreme Judicial Court of the Commonwealth of Massachusetts (SJC) ruled that the defendant (Waste Management) violated Massachusetts law by “calculating overtime wages...
Tip of the Week: Start Planning Now to Comply with Identity Theft Regulation
The Commonwealth of Massachusetts recently promulgated a new regulation, 201 CMR 17.00, titled Standards for The Protection of Personal Information of Residents of the Commonwealth. The purpose of the regulation is to implement “the provisions of M.G.L. c. 93H...
Question of the Week: Can I Change My Pay Frequency to Bi-weekly?
This week’s question comes from Harold, a business owner. I own a business in Massachusetts. Can I switch from a weekly to a bi-weekly pay period? Answer: Under Massachusetts law it is allowable to change to a bi-weekly pay period as long as employees are provided...
Question of the Week: Does Massachusetts Have Laws Regarding Employees and Independent Contractors?
This week’s question comes from Louisa, an HR manager: We have individuals who perform services for us. Does Massachusetts have any laws to determine if these individuals are our employees or independent contractors? Answer: In Massachusetts General Laws (MGL), c....
Wage and Hour Violations More Costly in Massachusetts
On July 13, 2008, a new law went into effect mandating treble damages for wage and hour violations by Massachusetts employers. Prior to passage of Chapter 80 of the Acts of 2008, triple damages were allowed, but treated as discretionary by state judges. Generally,...
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