Massachusetts

The Commonwealth of Massachusetts is well-known for lobster, the New England Patriots and the Boston Red Sox. The state falls in the First Federal Circuit Court System. More than 80% of the New England residents live in the greater-Boston metro, making it the most populous and a highly influential city in the state’s history, industry, and academia. Both Harvard and the Massachusetts Institute of Technology (MIT) are in the Boston area and are ranked as two of the top universities nationally and worldwide.

The government of Massachusetts is laid out in the Constitution of the Commonwealth.  The state government, like the federal government, consists of three branches: executive, legislative and judicial. The executive branch is controlled by the governor and consists of over 150 state agencies. The governor also has a cabinet consisting of ten secretaries.  The legislative branch consists of the General Court, broken into two branches the Massachusetts Senate, which has 40 members, and the Massachusetts House of Representatives with has 160 members, and all members in both houses are up for election every two years.  Although a few remain, most county governments were dissolved in the 1990s and 2000s.

The judiciary of Massachusetts consists of the court of last resort, the Superior Court which is the court of last resort.  The Massachusetts District Court, also known as the District Court Department of the Trial Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases.  The Land Court has limited subject-matter jurisdiction related to real property. Massachusetts also has a Housing Court, Probate and Family Court, Juvenile Court and Boston’s Municipal Court.

Massachusetts is also known for its liberal legislation. On May 17, 2004 it became the first US state to legalize Same-sex marriage, after a state court determined that exclusion of same-sex couples right to a civil marriage was unconstitutional. On November 8, 2016, the state also legalized marijuana under the Marijuana Legalization Initiative.  Massachusetts has progressive laws related to employment and has passed an Equal Pay Ordinance and the Pregnant Workers Fairness Act, and legal analysis of both pieces of legislation are available on the National Law Review.

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Feb
1
2021
Massachusetts Appeals Court Reinforces Narrow Interpretation of Public Policy Exception to At-Will Employment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
21
2021
Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
16
2017
Massachusetts Superior Court Holds Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
6
2018
Massachusetts Passes Noncompete Reform Legislation Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
24
2019
Massachusetts Paid Family and Medical Leave: Final Regulations, Updated Notices, and Educational Sessions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
21
2021
Massachusetts SJC Rules That Employers May Hold Employees Liable for Violating Unfair and Deceptive Trade Practices Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
25
2018
Massachusetts Pregnant Workers Fairness Act Takes Effect on April 1, 2018 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
1
2018
Massachusetts Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
24
2019
Massachusetts Paid Family and Medical Leave: Update on 1099-MISC Workers and State-Provided Training Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
23
2020
Un-PAUSE New York: What Empire State Employers Need to Know About Reopening the Workplace Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
18
2022
Massachusetts Supreme Judicial Court Holds That FLSA Preempts Wage Act Remedies for Federal Overtime Violations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
31
2022
Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
7
2018
Massachusetts Ban the Box 2018: Further Amendments to Criminal History and Hiring Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
13
2022
Massachusetts CROWN Act Goes Into Effect on October 24, 2022 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
31
2023
Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits With Accrued Paid Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
1
2018
Massachusetts Supreme Judicial Court Rules That Unused Paid Sick Leave Does Not Qualify as Wages Under the Commonwealth’s Wage Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
15
2020
Massachusetts Paid Family and Medical Leave: Draft Revisions to Regulations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
4
2021
Massachusetts COVID-19 Emergency Paid Sick Leave: What Employers Need to Know Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
6
2021
First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
22
2020
Massachusetts Paid Family and Medical Leave: Latest Updates Ahead of January 1, 2021, Effective Date Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
28
2022
Massachusetts COVID-19 Emergency Paid Sick Leave Act Expected to Terminate Before April 1, 2022, End Date Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
22
2022
White House Focuses on Pay Equity and Transparency Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
6
2017
Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
30
2017
Preparing for the New Massachusetts Equal Pay Law, Part II: Which Policies to Revise in Light of the Upcoming Effective Date Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
24
2019
Massachusetts Paid Family and Medical Leave Update: Private Plan Exemptions and Reminders on Notice Compliance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
23
2021
Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
1
2022
Massachusetts COVID-19 Emergency Paid Sick Leave Act to End on March 15, 2022 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
2
2018
Massachusetts High Court Addresses Investors’ and Boards of Directors’ Liability Under the Wage Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
19
2018
Navigating the Legalization of Marijuana in Massachusetts: What Employers Need to Know Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
18
2019
Massachusetts Paid Family and Medical Leave: What Employers Need to Know Before July 1, 2019 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
20
2020
First Circuit Rules on Post-employment Restrictions as COVID-19 Restrictions Ease and Employees Return to Work Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
30
2021
Massachusetts COVID-19 Emergency Paid Sick Leave Extended to April 1, 2022 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
13
2022
The Latest in Multi-Jurisdictional Paid Sick Leave Compliance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
31
2017
Massachusetts Veterans May Be Entitled to Paid Leave on Veterans Day Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2018
It’s Groundhog Day: Massachusetts Legislature Again Proposes Comprehensive Noncompete Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
9
2019
State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as Case Studies Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
21
2020
Massachusetts Adopts Four-Phase Approach to Reopening Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
14
2022
Massachusetts Unveils New Workplace Poster, Notifications for Employers Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
20
2023
U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
4
2024
Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
19
2017
Massachusetts House Passes “Pregnant Workers Fairness Act” Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
7
2019
Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
14
2019
Potential Delay in Contributions to Massachusetts Paid Family and Medical Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
9
2019
Taking Vacation While on Medical Leave: Massachusetts Court Rules on Liquidated Damages Under the FMLA Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
4
2019
Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
14
2020
Massachusetts High Court Clarifies Standards for Judicial Review of Anti-Raiding Provisions in Restrictive Covenants Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
1
2021
Massachusetts Paid Family and Medical Leave: 2021 End-of-Year Update Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
20
2023
Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
24
2014
Massachusetts Endangered Species Act Regulations Upheld as Valid Agency Rulemaking Greenberg Traurig, LLP
Aug
29
2014
Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors Greenberg Traurig, LLP
 

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