OSHA’s New Standard for Confined Spaces in Construction
By: Kenney & Sams, P.C.
The Occupational Safety and Health Administration (OSHA) has published standards governing Confined Spaces in Construction (29 C.F.R. 1926, Subpart AA) (“Confined Spaces Standards”), to provide added protections to employees performing work in confined spaces. Specifically, spaces (a) large enough for a worker to enter with (b) limited or restricted means of entry of exit and (c) […]
Pregnant Workers Fairness Act: What Every Employer Should Know
By: Kenney & Sams, P.C.
As the new year begins, it is an ideal time for employers to assess whether their policies and procedures are compliant with Massachusetts laws—including the Pregnant Workers Fairness Act. It goes without saying that most companies will, at one point or another, have an employee who is pregnant or who experiences a condition related to pregnancy. […]
OSHA Standards Impermissibly Applied to Construction Employers are Held Invalid1
By: Kenney & Sams, P.C.
The United States Occupational Safety and Health (OSH) Review Commission has ruled that the Secretary of Labor impermissibly applied certain OSHA standards to construction employers. On September 28, 2018, the Commission vacated an OSHA citation issued to Kiewit for allegedly violating the “quick-drenching” standard in 29 C.F.R. s 1926.50(g). The Commission held that the […]
Massachusetts Employer Not Allowed To Enforce Non-Compete Against Its California Employee
By: Kenney & Sams, P.C.
On September 7, 2018, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Oxford Global Resources, LLC v. Hernandez, holding that a Massachusetts employer could not enforce a confidentiality, non-competition, and non-solicitation agreement against a former California employee. Despite the explicit language in the agreement that it was governed by Massachusetts law and that […]
Massachusetts’s New Non-Compete Law: An Overview
By: Kenney & Sams, P.C.
After years of fitful attempts, the Massachusetts Legislature finally passed a bill regulating non-compete agreements. Governor Baker signed the “Act relative to the judicial enforcement of noncompetition agreements” (MGL c. 149, §24L) on August 10, 2018, and it will take effect on October 1, 2018. The new law ushers in a new era in the enforcement […]
Time Is On Your Side: Six-Year Statue Of Repose Applies To Alleged Violations Of The Home Improvement Contractors Act
In Bridgwood v. A.J. Wood Construction Inc., the Massachusetts Supreme Judicial Court recently ruled that consumers are limited to six years to sue contractors for defective construction work over unfair business practices under the home improvement contractor and consumer protection laws.
Importantly, the SJC also held that the statute of repose applies to G.L.c.93A, the […]
Massachusetts Public Bidding Laws: What Contractors Need to Know Before & After They Bid
By: Kenney & Sams, P.C.
Massachusetts statutory laws govern the process for bidding on a public construction project, commonly referred to as the “Bid Laws” or “public bidding laws”. These laws were enacted to make the public bidding process objective by requiring awarding public jobs to the lowest eligible bidder. The purpose is to have public projects completed at the lowest […]
New Equal Pay Law Offers Little Clarity, New Defenses
By: Kenney & Sams, P.C.
Massachusetts employers take notice: the Massachusetts Equal Pay Law becomes effective July 1, 2018, and past practices, like asking a prospective employee during an interview how much they were paid in their old job, will violate the law. Employers need to understand the new law so they can ensure they are in compliance, avoid traps, and […]
Mechanic’s Lien Unenforceable Due to Statutory Noncompliance
By: Kenney & Sams, P.C.
Homeowners were entitled to summary discharge of a mechanic’s lien filed by a contractor that could not produce the original contract referenced in its filing but later produced a nearly identical contract for a different amount, a Superior Court judge has decided.
Case Information:
Atlas Contracting, Inc. v. Saleh, et al.
The Issue: Were homeowners entitles to a summary […]
Massachusetts Dig Safe Law: How to Protect Your Company Against the DPU’s Claims
In theory, the Massachusetts Dig Safe law is comprised of straightforward regulations to promote safe excavation on construction projects in the Commonwealth. In practice, however, many construction projects pose challenges to navigating the Dig Safe law without consequence. The most often disputed and fact intensive violation is for excavation work that “was […]