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 […]

By Laura M. Raisty

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 […]

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) […]

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.

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). […]

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 […]

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 […]

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 heat […]

By Michael P. Dickman

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 […]