The Perils of Filing An Intentionally Overstated Mechanic’s Lien
By: M. Matthew Madden, Jr., Esq.
A recent Superior Court decision should serve as a warning to contractors, subcontractors, and suppliers (“contractors”) throughout Massachusetts that mechanic’s liens filed with willful and knowing misstatements may be involuntarily dissolved by the Court. Pursuant to M.G.L. c. 254, Massachusetts allows any contractor that has furnished labor or materials to a private […]
MassDLA Selects Michael P. Sams as Lawyer of the Year
Congratulations to Michael P. Sams for being named Lawyer of the Year by The Massachusetts Defense Lawyers Association (MassDLA). MassDLA is an association of trial lawyers who defend corporations, individuals, and insurance companies in civil lawsuits.
A Document Retention Policy May Be Your Best Friend
Flood insurance, IT trainings and phishing alerts, and…document retention policies. What do these have in common? For any individual or business, these items seem like an unnecessary expense and administrative burden when all is well. Yet, when plans change, difficulties emerge, and bold action is necessary to protect you and your business’s interests, they very […]
Michelle De Oliveira Quoted in Massachusetts Lawyers Weekly
Director Michelle De Oliveira was recently quoted in an article in Massachusetts Lawyers Weekly article, “NLRB prompts review of severance agreements.”
The article centers around the McLaren Macomb, et al. decision in which the National Labor Relations Board rule which restricts the use of confidentiality and non-disparagement clauses in severance agreements.
Click here to read the full article.
Rhode Island Pay Equity Act: Questions And Answers For Employers
On January 1, 2023, the Rhode Island Pay Equity Act (“Act”) went into effect. The Act significantly impacts multiple phases of the employment life cycle. Namely, the Act prohibits wage discrimination based upon membership in a protected class, limits an employer’s use of an employee’s/applicant’s wage history, provides employees with access to certain wage information, and […]
Federal Trade Commission Proposes Rule To Ban Non-Competition Agreements
By: Michelle De Oliveira, Esq.
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-competition agreements. If enacted, this new rule would also require employers to rescind all existing non-competition agreements. The proposed rule is based on, among other things, the FTC’s preliminary finding that non-competition agreements constitute an unfair method of competition.
Below is an […]
Plaintiff Succeeds In Establishing Prima Facie Case Of Age Discrimination Where Employer’s Overarching Discriminatory Animus Tainted an Otherwise Neutral Reduction In Force Decision
By: Michelle M. De Oliveira, Esq. and Andrew M. Winston, Esq.
The Massachusetts Appeals Court held in Adams v. Schneider Elec. USA that a plaintiff could bring a discrimination claim against his former employer based on evidence that corporate efforts to reduce the workforce were motivated by discriminatory bias, even where the person who selected the plaintiff for termination did […]
First Circuit Re-Examines the Administrative Exemption Test Under the Fair Labor Standards Act
In a recent U.S. Court of Appeals for the First Circuit decision, Walsh v. Unitil Service Corporation, the court reminded employers of the necessary fact-intensive analysis that employers must use before classifying an employee as overtime exempt under the Fair Labor Standards Act’s (FLSA) administrative exemption.
Employers governed by the FLSA must pay their employees overtime unless […]
DOL’s Proposed Rule Regarding Independent Contractor Classification
On October 13, 2022, the U.S. Department of Labor (“DOL”) issued a proposed independent contractor classification rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act (“Proposed Rule”). If implemented, the Proposed Rule will: (1) rescind the existing federal Independent Contractor Rule (the “2021 IC Rule”); and (2) serve as the new practical […]
Liquidated Damages Provisions Are Powerful, But Only If They Are Enforceable
By: Alexander R. Zwillinger, Esq.
The goal of any contract is predictability. The parties want to know from the outset what their rights and obligations are, what they need to do, and what they can expect from the other side. To that end, a well-drafted contract will be clear, unambiguous, and thorough about each side’s promises and expectations. It will […]