Tailoring Safety: Navigating OSHA’s New Proper Fit Requirement for PPE
By: Matthew Madden
The Occupational Safety and Health Administration (OSHA) recently finalized an amendment to the personal protective equipment (PPE) required for construction workers under 29 C.F.R. 1926.95(c). Effective January 13, 2025, the amended rule now explicitly requires that all PPE properly fit any construction worker who needs it as protection against hazardous conditions. Revised Section 1926.95(c) […]
How to Obtain Leverage in Construction Payment Disputes – Episode 5
In this episode of Trial Think, Kenney & Sams attorneys, Mike Sams and Drew Colby, join host Nate Cole to explore their journeys into construction law. From early experiences in construction to pivotal career moments, Mike and Drew share insights into the complexities of construction disputes, business litigation, and contract law. Packed with practical advice and engaging anecdotes, this conversation […]
Prompt Pay Act violation voids claim for recoupment
Massachusetts Lawyer Weekly
By Kris Olson
After a party is required to make a payment for failing to comply with the Prompt Pay Act, an arbitrator is not allowed to let the party seek recoupment of a portion of that payment, a Superior Court judge has decided.
Secrets to “Winning” at Mediation: Perspectives from Clients and Counsel – Episode 4
In this episode, Nate Cole is joined by Chris Kenney, a founding partner of Kenney & Sams, P.C., along with a long-time K&S client, Ed Goddard, former Vice President of Labor Relations for Kindred Healthcare. This episode introduces strategic approaches to alternative dispute resolution, including mediation and arbitration, and presents best practices from the perspectives of client and counsel.
Court Strikes Down DOL’s Final Rule Increasing Salary Thresholds For White-Collar Overtime Exemptions
By: Laura M. Raisty & Michelle De Oliveira
On November 15, 2024, the U.S. District Court for the Eastern District of Texas, in Texas v. Department of Labor, struck down the U.S. Department of Labor’s (DOL) Final Rule that increased the salary thresholds for the white-collar overtime exemptions under the Fair Labor Standards Act (FLSA). […]
Federal Trade Commission Takes Action on Fake Reviews
By John Nagle
Understanding the Federal Trade Commission’s (FTC) recently-issued Final Rule prohibiting businesses from publishing fake online reviews of their products or services will be critical for companies in industries where online reviews are often key drivers of consumer choice. The Final Rule sends a strong message that the FTC intends to monitor the effect […]
Massachusetts Expands Earned Sick Time Law With Addition Of A New Qualifying Reason For Sick Time Use
By Michelle M. De Oliveira, Esq.
Starting November 21, 2024, qualifying reasons for an employee’s use of earned sick time under Massachusetts’ Earned Sick Time Law (M.G.L. c. 149, § 148C) will include the physical or mental health care needs as a result of the employee’s […]
OSHA Proposes New Heat Hazard Standard Potentially Impacting Construction Industry
By: Samantha C. Corcoran, Esq. and Greg Vanden-Eykel, Esq.
Excessive heat in the workplace can cause serious injury and death to employees. In fact, heat is the leading cause of weather-related deaths in the United States. To date, however, no federal rules, laws, or standards regulate employer obligations to mitigate workplace […]
Let’s Be Reasonable: A Liquidated Damages Reminder
The Massachusetts Appeals Court recently struck down a liquidated damages provision in a commercial lease. In so doing, the Court followed well-established precedent in declining to enforce a liquidated damages provisions that is considered a penalty. The outcome highlights the importance of careful consideration of potential damages when entering into contracts.
To […]
Plaintiffs Seeking to Recover Damages from an Insurer Must Expressly Prove Their Insured Property Damages
By: Herling D. Romero Adrianza
On August 14, 2024, the Massachusetts Appeals Court in Lessard v. R.C. Havens & Sons, Inc. (“Lessard”) affirmed a trial court’s order allowing an insurer’s motion for summary judgment and finding that an insurer has no duty to indemnify its insured where the plaintiff in a construction defect case failed to distinguish property […]