September 23, 2020

Volume X, Number 267

September 23, 2020

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September 22, 2020

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September 21, 2020

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COVID-19: Massachusetts Enacts Emergency Bill to Waive One-Week Waiting Period for Unemployment Benefits for Workers Affected by COVID-19

On March 18, 2020, Governor Baker signed a bill that will provide immediate financial relief to those who are or become separated from work as a result of the COVID-19 outbreak or actions taken by employers in response to the state of emergency Governor Baker announced on March 10, 2020. In doing so, Massachusetts joins a growing number of states that are waiving waiting periods or taking other steps to provide relief to workers impacted by the outbreak.

The bill directs the Director of the Massachusetts Department of Unemployment Assistance (“DUA”) to waive the one-week waiting period for unemployment benefits and immediately begin paying benefits to those who are otherwise eligible and have become unemployed because of the COVID-19 outbreak or resulting state of emergency. This includes workers who are or become unemployed due to (i) lay-offs or business shutdowns, (ii) quarantine orders or directives, (iii) illness that prevents them from leaving their homes, (iv) the need to care for sick or quarantined family members, and (v) the need to attend to children who are at home due to school closures. The legislation is effective as of March 10, 2020 and is set to expire 90 days after termination of the state of emergency.

Consistent with other legislation being developed in response to COVID-19, the bill was enacted at a rapid pace, only two days after Governor Baker filed it for consideration by the Senate and House of Representatives.

As Governor Baker explained in his filing letter to the Senate and House of Representatives, “the Director of DUA will immediately be filing emergency regulations to ensure similar flexibility in the application of rules that do not require a statutory adjustment.” Consistent with the intent to provide flexibility, Governor Baker also announced that (i) all requirements regarding attending seminars at the MassHire career centers have been suspended, (ii) missing deadlines due to COVID-19 will be excused under DUA’s good cause provision, and (iii) all appeal hearings will be held by telephone only.

Copyright 2020 K & L GatesNational Law Review, Volume X, Number 79


About this Author

Pomfret. Boston, picture

Mr. Pomfret represents local, regional and national employers in all areas of employment and labor law.  He has significant experience before federal and state courts in employment related litigation defending against discrimination, sexual harassment, wrongful termination, privacy, civil rights, whistleblower, contract, and tort-based claims, as well as enforcing noncompetition and other restrictive covenant obligations.  Mr. Pomfret also has successfully handled numerous administrative proceedings and investigations on behalf of clients before various federal and state agencies,...

Kathleen D. Parker Associate Labor, Employment and Workplace Safety

Ms. Parker is an associate in the firm’s Boston office, where she is a member of the labor, employment & workplace safety practice group. Ms. Parker focuses her practice on counseling international and domestic businesses on various employment issues, including preparing and revising internal policies, navigating pre- and post-employment relationships, and properly classifying employees and contractors. Ms. Parker also regularly conducts discrimination and harassment prevention training for corporate clients, represents businesses in civil and administrative employment litigation matters, and conducts internal employment investigations on behalf of her clients. Ms. Parker is dedicated to working with her clients to achieve their business goals while ensuring compliance with constantly evolving employment laws.

Ms. Parker’s employment-related work is complemented by her significant experience representing clients in complex commercial disputes in both state and federal court, managing complex discovery for clients, responding to both formal and informal inquiries from the Department of Justice and Securities and Exchange Commission, and conducting internal investigations in connection with government enforcement actions.

Julia L. Mitarotondo, litigation lawyer, KLGates

Julia Mitarotondo is an associate in the firm’s Boston office.