EMPLOYMENT EDGE:
Employment Law Insights & Trends
OCTOBER 2026
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What Businesses Need To Know
On August 5, 2026, Massachusetts enacted legislation requiring employers to provide employees with notice upon receiving a U.S. Immigration and Customs Enforcement (“ICE”) I-9 Notice of Inspection (“NOI”). Pursuant to the newly enacted statute, the Massachusetts PROTECT Act, employers must provide employees with written notice within 48 hours of receiving a Notice of Inspection (NOI) concerning employment eligibility verification forms or “other employment records.”
Massachusetts Employers Beware: When It Comes to Payroll, "A Little Late" Can Be Very Expensive
The Massachusetts Wage Act imposes strict deadlines for paying wages, and inadvertent or short delays can create significant liability. In fact, even if an employee is paid only a day late, the employer has violated the Wage Act and thus owes the employee another two times the wages paid, plus attorneys’ fees. Accordingly, Massachusetts employers should take a fresh look at their payroll practices to make sure they are timely and properly paying their employees.
Federal Court Enforces Massachusetts Noncompete—and Provides Important Guidance for Employers
A recent federal court decision provides Massachusetts employers with important guidance on drafting and enforcing noncompetition agreements under the Massachusetts Noncompetition Agreement Act (“MNAA”). In Fresenius USA Manufacturing, Inc. v. Much, the court granted an employer’s request for a preliminary injunction and ordered a former executive to stop working for a direct competitor for the remainder of his 12-month noncompetition period.
Riley Grinkis-Tully and Michelle De Oliveira
A recent First Circuit Court of Appeals decision underscores that legitimate workplace discipline, performance management, and personnel decisions may proceed even after an employee engages in protected activity. The key is to, among other things, be consistent, adhere to lawful workplace policies—and when in litigation, trial strategies should be developed early.
PFML: 2027 Rates & Contribution Structure Changes
Christina Fitzgerald and Michelle De Oliveira
Effective January 1, 2027, there will be changes in how Massachusetts Paid Family and Medical Leave (“PFML”) employer contributions are allocated between family and medical leave. The change is intended to mitigate the tax consequences arising from recent IRS guidance regarding the federal tax treatment of Massachusetts PFML benefits. This client alert does not, and is not intended to, provide tax advice—and it is designed to summarize certain changes Massachusetts employers can expect in 2027.
Best Practice Tip
Leading with Awareness: An Indispensable Strategy for Minimizing Legal Exposure
Businesses that are strategic and proactive about minimizing legal exposure must lead with awareness. Don’t assume that every manager instinctively knows how to lead effectively and make informed, risk-aware decisions. Mentoring and training are essential to ensuring that management teams are strategic, well-positioned, and equipped to lead with awareness to minimize legal exposure.
Inside RIW
David Robinson at the South Shore Chamber of Commerce's 8:44 Breakfast: The Future of Energy on the South Shore
RIW sponsored and Kimberly Alley attended the Peabody YMCA's Where in the World Annual Gala
RIW sponsored and Darshana Indira attended the Boston Bar Association's Spirit of the Bar Awards
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Darshana Indira and Christina Fitzgerald joined the team this summer
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Michelle De Oliveira was named a 2027 best lawyer for Employment Law – Management by Best Lawyers in America
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Lauren Haskins was named a 2027 Best Lawyers Ones to Watch for Litigation – Labor & Employment
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Darshana Indira was appointed to the Community Legal Aid Board of Directors
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Adam Gutbezahl hosted a CLE on Legal AI in 2026: From Chatbots to AI Agents in Law Practice
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Darshana Indira was named a Top Woman in Law by Massachusetts Lawyers Weekly
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Michelle De Oliveira authored the chapter on The Massachusetts Independent Contractor Law in the Massachusetts Continuing Legal Education, Inc. book, Massachusetts Employment Law
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Darshana Indira was named a Rising Star finalist in the 2026 New England Law Awards
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Kimberly Alley, Michelle De Oliveira, Bethany Grazio, and Russell Stein were named 2026 Massachusetts Super Lawyers
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Christina Fitzgerald, Riley Grinkis Tully, Darshana Indira, and Lauren Haskins were named 2026 Rising Stars by Massachusetts Super Lawyers
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Michelle De Oliveira presented on Employee Performance Management at the Associated Builders and Contractors of MA & RI summer networking event
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Darshana Indira was named a best lawyer for “Employment Law – Management” and “Litigation – Labor and Employment” by Best Lawyers
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Darshana Indira helped author the chapter on gender discrimination for the 2026 MCLE Employment Law Guide