Owners and Contractors that Fail to Comply with the Massachusetts Prompt Pay Act are Barred from Asserting Contractual Counterclaims According to Trial Court

By: Michael P. Sams and Samantha Corcoran

The Tocci Building Corp. v. IRIV Partners, LLC et al. decision involved a construction project on Summer Street in Boston in which the Prompt Pay Act applied. The Prompt Pay Act applies to private construction projects in Massachusetts where the general contract value exceeds $3,000,000. The Act does not […]

May 28th, 2024 - 2:38pm|Categories: Articles & Publications|

Employers Must Make Separate and Additional Payments for Overtime and Hours Worked on Sundays to Commission-Based Employees, or Risk Violating the Massachusetts Wage Act

By: Michelle M. De Oliveira and George Barclay

Commission-based employees are entitled to, and must receive, separate and additional payments for overtime and hours worked on Sundays—and an employer’s failure to issue such payments violates the Massachusetts Wage Act. 

On March 28, 2024, the Massachusetts Supreme Judicial Court (“SJC”) issued a decision in

May 28th, 2024 - 2:35pm|Categories: Articles & Publications|

Case Analysis: Milanoski V. Priscoli – Requirements for Judicial Estoppel Strictly Enforced; Agreements to Agree Can Impose Binding Obligations

By: John F. Nagle and Matthew C. Welnicki

Recently, the Massachusetts Business Litigation Session of the Superior Court (“BLS”) was asked to evaluate whether an “agreement to agree” in a letter of intent was binding.  A central issue in the dispute was the impact of the equitable doctrine of judicial estoppel – one of the parties sought […]

May 28th, 2024 - 2:31pm|Categories: Articles & Publications|

Employees May Soon be Able to Designate Third Parties, Including Union Representatives, as Their Employee Representative During OSHA Inspections

By: Michelle De Oliveira and Parker Williams

On April 1, 2024, the U.S. Occupational Safety and Health Administration (“OSHA”) published a final rule, amending its existing “walkaround” rule, and expanding employees’ rights by allowing employees to designate non-employee third parties as their employee representative during OSHA inspections. The new rule’s effective date is May 31, 2024.

Current […]

May 28th, 2024 - 2:29pm|Categories: Articles & Publications|

Navigating The New EEOC Regulations Under The Pregnant Workers Fairness Act

By: Laura M. Raisty

The Pregnant Workers Fairness Act (“PWFA”), which has been in effect since June 2023, is intended to safeguard the rights of pregnant employees in the workplace. Among its protections is the requirement that employers provide reasonable accommodations to ensure pregnant employees can continue working safely and effectively, unless doing so would cause […]

May 28th, 2024 - 2:07pm|Categories: Articles & Publications|

FTC’s Final Rule Bans Employers from Using Non-Compete Agreements – But Legal Challenges Are Underway

By: Laura M. Raisty

After a public hearing on April 23, 2024, the Federal Trade Commission (“FTC”) adopted a final rule that will ban all workplace non-compete agreements with workers of for-profit businesses, finding that such agreements are an unfair method of competition under § 5 of the FTC Act.  The rule was narrowly approved by […]

May 28th, 2024 - 2:03pm|Categories: Articles & Publications|

Understanding the New Final Rule Updating the Salary Level for Overtime Eligibility Under the Fair Labor Standards Act

By: Laura M. Raisty

On April 23, 2024, the U.S. Department of Labor released a final rule that will substantially increase the salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act (“FLSA”). While the final rule may not survive expected legal challenges, its current effective date is July 1, 2024. Employers are therefore well advised […]

May 28th, 2024 - 1:49pm|Categories: Articles & Publications|

Kenney & Sams, PC Partners with MCLE on Establishment of the Robert J. Muldoon, Jr. Scholarship Fund

Kenney & Sams is pleased to announce that we have partnered with Massachusetts Continuing Legal Education (MCLE) and Sherin and Lodgen LLP in establishing the Robert J. Muldoon, Jr. Scholarship Fund. The scholarship fund, in honor of Sherin and Lodgen’s former managing partner and former Litigation Department Chair, is a tribute to Muldoon’s legacy as a longtime […]

March 26th, 2024 - 10:17am|Categories: Announcements|

Condition Precedents in Construction Contracts: Need I Comply?

By: M. Matthew Madden, Jr.

Construction contracts almost always contain condition precedents that must occur before a contract becomes effective or an obligation to perform arises. Under Massachusetts law, if the condition precedent is not fulfilled, the contract, or the obligations attached to the condition, are unenforceable. Thus, if condition precedents are not met in accordance with the contract, the […]

March 22nd, 2024 - 10:18am|Categories: Articles & Publications|

Reservation of Rights Letter…The Insurer’s Prenuptial Agreement with its Insured

By: Michael P. Sams, Esq.

When an insurance company agrees to defend you but reserves the right to disclaim coverage later ― you can hire your own counsel and the insurer, not you, must pay for that counsel.

More specifically, in determining whether to head into a relationship with its insured once a claim has been filed, an insurer, like a […]

January 26th, 2024 - 4:22pm|Categories: Articles & Publications|