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 […]

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 […]

By: Herling D. Romero Adrianza

On August 14, 2024, the Massachusetts Appeals Court in Lessard v. R.C. Havens & Sons, Inc. (“Lessard”) affirmed a trial court’s order allowing an insurer’s motion for summary judgment and finding that an insurer has no duty to indemnify its insured where the plaintiff in a construction defect case failed to distinguish property […]

By Greg Vanden-Eykel

On October 7, 2024, the National Labor Relations Board’s (NLRB) General Counsel issued new guidance detailing the following: 1) employers’ potential liability for non-competition agreements found to be unlawful, and 2) the unenforceability of so-called “stay or pay” agreements between employers and employees.  Although the NLRB’s guidance does not carry the force of law […]

By Greg Vanden-Eykel, Esq.

This article continues Kenney & Sams’ series addressing Rhode Island employment laws that impact our Massachusetts and Rhode Island clients.  Awareness of these developments is particularly important for our Massachusetts-based clients who may not always consider the implications of Rhode Island law on their operations. As 2024 ends and 2025 begins, we highlight […]

By:  Laura M. Raisty

A federal court in Texas has blocked the Federal Trade Commission’s (“FTC”)  noncompete ban nationwide, holding that the FTC does not have the authority to ban non-competition agreements.

On August 20, 2024, the United States District Court for the Northern District of Texas issued a ruling in Ryan, LLC v. Federal Trade Commission, in which it concluded […]

By: Michelle De Oliveira, Esq. and Brittany Darcy, Esq.

On June 19, 2024, the EEOC issued harassment guidance, Promising Practices for Preventing Harassment in the Construction Industry (“Construction Guidance”), specifically addressed to the construction industry. The EEOC announced that its newly issued Construction Guidance supports its Strategic Enforcement Plan for Fiscal Years 2024-2028, “which, in part, focuses on […]