Massachusetts Court Provides Guidance on Joint Employer Liability and the Scope of the Outside Salesperson Exemption 

From JDSupra, Christopher Kaczmarek and Stephen Melnick discuss a recent case in which the court said that the question of whether a company was a joint employer was determined by the “right to control” test and not the ABC test. Christopher and Stephen write: In Jinks v. Credico (USA) LLC (March 31, 2020), Judge Kenneth Salinger in […]

The Interplay Between the Massachusetts Unemployment Assistance Program, the Massachusetts WorkShare Program, and the Enhanced Unemployment Benefits in the CARES Act 

From Lexology,  Justin F. Keith , Terence P. McCourt and Amanda L. Carney discuss the relationships among the unemployment assistance, enhanced unemployment benefits under the CARES Act and the Massachusetts WorkShare Program. Justin, Terence and Amanda write: The current COVID-19 public health crisis has brought about significant changes to unemployment benefit programs at the state and federal levels. This […]

COVID-19: Defending Class Actions in Massachusetts in the Wake of COVID-19 

From JDSupra, Michael Creta, Brian Forbes, and Robert W. Sparkes, III provide an outstanding guide to defending class action lawsuits in light of the coronavirus crisis. Michael, Brian and Robert write: The novel coronavirus (“COVID-19”) has caused severe business disruptions throughout Massachusetts. Many companies doing business in Massachusetts have been forced to indefinitely shut their […]

CARES Act Expands Unemployment Insurance Benefits

From JDSurpa, Evandro Gigante, Allison Lynn Martin, Harris Mufson, and Jacob Tucker provide an outstanding summary of the changes to unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). They write: The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020. […]

UPDATE: Massachusetts Department of Unemployment Assistance Announces Guidance On CARES Act Implementation 

Federal Pandemic Unemployment Compensation (FPUC) The FPUC program will provide an additional $600 per week to individuals who are collecting regular Unemployment Compensation (UC), Pandemic Emergency Unemployment Compensation (PEUC), Pandemic Unemployment Assistance (PUA), Extended Benefits (EB), Trade Readjustment Act (TRA), and Disaster Unemployment Assistance (DA). The Department has already begun implementing the FPUC program for […]

ASA: Temporary Staffing Agencies Are the Employers for Purposes of PPP Loans

American Staffing Association (04/10/20) Confusion has arisen under the Paycheck Protection Program of the Coronavirus Aid, Relief, and Economic Security (CARES) Act as to whether staffing firms or their clients should count the staffing firm’s temporary employees in determining loan eligibility and which entity can include the temporary employees’ wages as “payroll costs” in determining […]

Employer Checklist for Responding to a Positive COVID-19 Test

From JDSupra, Michael Hanlon and Anna Will Kentz provide a great checklist for employers who is suspected of having or hast tested positive for Covid-19 test. Michael and Anna write: Employers should consider the following when handling an employee who is either “suspected, but unconfirmed” of having COVID-19 (i.e. person with symptoms or who has […]

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

From JDSupra, Julia Mitarotondo, Kathleen Parker and Mark Pomfret report on a bill that waives the one week waiting period for unemployment benefits to individuals who are unemployed due to the COVID-19 outbreak. Julia, Kathleen, and Mark write: On March 18, 2020, Governor Baker signed a bill that will provide immediate financial relief to those […]

Staffing firms and the financial impact of Covid-19

Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports on the effect of the Covid-19 virus on staffing firms: Member staffing firms of the Affiliated Staffing Group, an industry network group of noncompeting staffing firms, recently met regarding the Covid-19 pandemic. The 27 member firms reported drops in weekly business revenue […]