Below is a summary of cost cutting measures employers are taking to deal with COVID-19 and what it means for employees working and/or residing in Massachusetts.

  1. Reduction in employee hours/salary

COMPENSATION

    • Hourly non-exempt employees – rate of pay must still meet federal and state minimum wage requirements.
    • Salaried/exempt employees – weekly salary must remain at or above the FLSA minimum salary basis of $684/week (or state salary basis test if higher).
    • Changes to compensation and/or hours should be provided in writing to employee.

BENEFITS

    • In most cases, employee benefits are not affected.
    • If significant cut in pay, may be eligible for unemployment benefits
  1. Furlough (mandatory leave without pay but remain an employee of the employer)

COMPENSATION

    • Furlough may be for a period of time or be in place on a rolling or bi-weekly basis.
    • Employees who do not perform any work in a pay work week are not entitled to any pay.
    • Hourly non-exempt employees – Employees are entitled to pay at their pre-furlough hourly pay rate for any work performed during the furlough period.
    • Salaried/exempt employees – Employees who perform any work during the pay period are entitled to a full week’s pay.

BENEFITS

    • Long term furlough may trigger termination of healthcare benefits. If health care benefits are terminated, employee is likely eligible for COBRA.
    • Employee should apply for unemployment benefits.
  1. Permanent/temporary layoff (No longer an employee)

COMPENSATION

    • Employers must, at the time of the layoff, pay employees all earned wages, commission accrued unused vacation.

BENEFITS

    • Long term furlough may trigger termination of healthcare benefits. If health care benefits are terminated, employee is likely eligible for COBRA.
    • Employee should apply for unemployment benefits.