PFML Update: Employers Must Issue 2023 Rate Sheet by December 2, 2022, Provide Employee Notice, and Publish Updated PFML Workplace Poster

By: Michelle M. De Oliveira, Esq. As the year is coming to an end, there have been a series of PFML updates from the Massachusetts Department of Family and Medical Leave (the “Department”). Employers must take the necessary steps discussed below to ensure compliance, and in short, distribute the updated 2023 PFML rate sheets by December 2, 2022, and timely distribute and/or publish the 2023 mandatory workplace poster and employee notice.

November 29th, 2022 - 2:02pm|Categories: Articles & Publications, Employment Law, General|

Massachusetts Mechanic’s Lien Statutory Deadlines Are Strictly Enforced, Pandemic or Not

By: J. Nathan Cole, Esq. and Herling D. Romero, Esq.

The Massachusetts Mechanic’s Lien Statute, Mass. G. L. c. 254, has notoriously strict deadlines by which notices of contract, statements of account, and certified complaints must be filed in relation to work performed on private property to “perfect” and enforce a lien. Failure to comply with the statutory recording […]

Attorney-Client Relationships In The Metaverse

By: Matthew C. Welnicki, Esq. and Michael P. Dickman, Esq.

As commerce extends in the metaverse, the legal profession will need to keep pace. Lawyers and firms have already established a presence in these virtual worlds. Time will tell whether this proves to be a viable platform for legal engagements or simply a marketing tool. But companies that choose to […]

October 28th, 2022 - 1:17pm|Categories: Articles & Publications, Business Litigation, Uncategorized|

Court Provides Employers with Roadmap to Ensure Proper Employee Versus Independent Contractor Classification

By: Greg Vanden-Eykel, Esq.

On July 13, 2022, the Massachusetts Appeals Court reemphasized the importance of compliance with the “ABC Test” to ensure proper employee versus independent contractor classification.

In Tiger Home Inspection, Inc. v. Director of the Dept. of Unemployment Assistance, the Appeals Court considered whether commercial and residential inspectors who provided services for Tiger Home Inspection (‘Tiger’) were employees or […]

October 27th, 2022 - 3:29pm|Categories: Articles & Publications, Employment Law, Uncategorized|

Congratulations to Brittany M. Darcy for her selection to the Massachusetts Bar Association’s Leadership Academy

Kenney & Sams congratulates Brittany M. Darcy for her selection to the Massachusetts Bar Association’s Leadership Academy for the 2022-23 class year.  Continuing its commitment to cultivating leaders who will work diligently towards the improvement of the legal profession in Massachusetts, the MBA developed the Leadership Academy to better prepare young attorneys to assume leadership roles at the bar, in […]

October 20th, 2022 - 1:38pm|Categories: General, Uncategorized|

EEOC Updates Its Guidance To Address COVID-19 Workplace Testing

By: Michelle M. De Oliveira, Esq.

On July 12, 2022, the Equal Employment Opportunity Commission updated its Guidance with respect to COVID-19 workplace testing. According to the EEOC, an employer may administer a COVID-19 test when evaluating an employee’s initial or continued presence in the workplace so long as the employer can show that it is job-related and […]

October 18th, 2022 - 12:51pm|Categories: Articles & Publications, COVID-19, Employment Law, Uncategorized|

Does The Massachusetts Noncompetition Agreement Act Cover a Salesperson’s Sale of Her Book of Business?

By: Laura M. Raisty, Esq.

The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 124L (“MNAA”), effective October 1, 2018, established legal requirements for a valid and enforceable noncompetition agreement between a Massachusetts employer and employee. By its terms, however, it does not apply to a noncompetition agreement made in connection with the sale of a business.

A recent Superior Court […]

October 18th, 2022 - 12:50pm|Categories: Articles & Publications, Employment Law|

Know Your Contracts: Indemnity Clause Might Not Provide For Attorneys’ Fees

By: Drew W. Colby, Esq.

Although parties often attempt to collect attorneys’ fees through indemnity clauses, courts have held that indemnity clauses do not typically permit the recovery of attorneys’ fees in disputes between two contracting parties. The so-called “American Rule” generally prohibits one party from obtaining attorneys’ fees from the other.  This rule, however, does not apply when the […]