***NEWS FLASH*** Attn: Contractors and Construction Companies — We’re UPDATING Our Update
By: Michael P. Sams, Esq., John G. Hofmann, Esq.
Governor Healey’s Executive Order Promotes Use of Project Labor Agreements (PLAs) for Certain State Construction Projects
Following closely on the heels of signing a major economic development bill, in November 2024 — which Kenney & Sams discussed here — on March 11, 2025, Governor Healey issued an Executive Order that […]
Did You Know There Is A Statute That Governs A Home Improvement Contract Between Homeowner And Contractor… And There Are Recent Statutory Changes
By: Michael P. Sams, Esq., John G. Hofmann, Esq.
Introduction
The legislature enacted the Home Improvement Contractor (“HIC”) statute, G.L. c. 142A, on July 1, 1992. At the time, there was a perception that too many home improvement projects were ending in disagreement as the result of confusion in what the parties agreed to in their contract. Many contracts were […]
Attention Contractors and Construction Companies — Legislative Update
By: John Hofmann
New Economic Development Bill Provides Investments for Public Works and Promotes Project Labor Agreements (PLAs) for Future Public Construction Projects
On November 14, 2024, the state Legislature passed a wide-ranging economic development bill. This bill is the statewide plan put together by the Executive Office of Economic Development at the start of every Governor’s four-year term of office, […]
Employers Do Not Need To Meet A Heightened Standard Of Proof To Establish That An FLSA Exemption Applies
In a unanimous decision, the United States Supreme Court held, in E.M.D. Sales, Inc. v. Carrera, that employers are not required to meet a heightened standard of proof to establish that a Fair Labor Standards Act (FLSA) exemption applies. Rather, employers need to meet a lower preponderance of the evidence standard, the default standard of proof […]
Securing Payment: The Power of Bond Claims on Public Construction Projects
By: Matthew Madden
Payment bond claims play a vital role in guaranteeing that subcontractors and suppliers are paid for work completed on public construction projects. Therefore, knowing how to effectively file a bond claim is the essential first step in safeguarding your payment.
The Massachusetts Payment Bond Statute
The Massachusetts payment bond statute (G.L. c. 149, § 29) […]
Tariffs, Trade Wars, and Takeaways: Protect Your Business From Supply Shocks and Price Increases
By: Anthony B. Fioravanti, Esq. and Samantha C. Corcoran, Esq.
As we head into the second month of 2025, businesses should proactively implement risk management measures to reduce risks posed by supply chain disruptions and price increases.
As President Trump’s administration has announced new tariffs on imported goods and materials from Canada, Mexico and China, many […]
What Employers Need To Know About I-9 Audits and Immigration Raids
By: Michelle De Oliveira and Greg Vanden-Eykel
On January 20, 2025, President Trump issued a series of Executive Orders focused on state and federal immigration law enforcement, border security, detention, and removal of individuals unlawfully present in the United States. On the same day, Acting Department of Homeland Security Secretary Benjamine Huffman issued two directives aimed at […]
The Department of Labor Indicates that Employees Can Use FMLA Leave to Participate in a Clinical Trial
In a November 8, 2024 opinion letter, the U.S. Department of Labor’s (DOL) Wage and Hour Division addressed a question asking whether treatment received in a clinical trial could qualify as “treatment” under the Family and Medical Leave Act (FMLA), which has a broad definition of “treatment.”
The DOL’s response clarified that, when all […]
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) […]
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.