Herling Romero Selected to the Massachusetts Bar Association’s Leadership Academy

Kenney & Sams is pleased to announce that Herling Romero, an associate of the firm, has been selected to join the 2023-2024 Massachusetts Bar Association’s Leadership Academy. Herling will continue the firm’s presence within the Leadership Academy and joins both past and present colleagues aspiring to assume leadership roles within the legal community.

Herling is a commercial litigator […]

November 2nd, 2023 - 2:19pm|Categories: Announcements|

PFML Changes: Topping Off Now Permitted, 2024 Contribution Rates & Maximum Weekly Benefit

By: Michelle De Oliveira and Parker L. Williams

Topping Off PFML Benefits

Beginning on November 1, 2023, Massachusetts employees who receive PFML benefits from the Department of Family and Medical Leave (DFML) may supplement their leave benefits with accrued vacation, sick time, or other available employer-provided accrued paid leave benefits.

This is a sweeping change as Massachusetts employers were previously prohibited from […]

November 1st, 2023 - 10:32am|Categories: Announcements|

U.S. Department of Labor Proposes Rule to Extend Overtime Protections and to Increase the Number Of Overtime-Eligible Employees

By: Greg Vanden-Eykel

Employers should regularly review job descriptions and their system for classifying employees as exempt and non-exempt from overtime pay as a regular part of their employment processes. This best practice has recently become more important after the U.S. Department of Labor (DOL) published a proposed rule that, if implemented, will once again modify […]

October 24th, 2023 - 6:30pm|Categories: Announcements|

Mechanic’s Lien for Rental Equipment Not Reduced Because of “Idle Time”

By: David Viens

A recent Massachusetts Appeals Court case reinforces the proposition that the Massachusetts Mechanic’s Lien Statute will be strictly construed by our courts and provides important clarity for owners and subcontractors on projects involving rental equipment and delays.

In Bruno v. Alliance Rental Group, LLC, the Appeals Court considered, among various other issues (not discussed in this article), whether […]

October 24th, 2023 - 6:22pm|Categories: Articles & Publications|

Insurers Beware: Acknowledging a Duty to Defend

By: Zachary Sullivan

In a recent decision, the Massachusetts Appeals Court held that a contractor was entitled to recover its costs of bringing a coverage suit against its insurer when the insurer acknowledged its duty to defend but failed to pay the contractor’s reasonable defense costs and reserved the right to recoup any fees it may pay toward the contractor’s defense. […]

October 24th, 2023 - 5:13pm|Categories: Articles & Publications|

Massachusetts Appeals Court Dismisses Action for Lack of Personal Jurisdiction Over Insurance Company that “Has Done Substantial Business” in Massachusetts

Case Alert By: Matthew Welnicki

Establishing personal jurisdiction over a defendant is a threshold each plaintiff must clear before it can proceed to the merits of a claim. In a recent decision, the Massachusetts Appeals Court reminds us that this analysis requires more than a cursory inquiry into whether the defendant does business in the Commonwealth. […]

October 24th, 2023 - 4:51pm|Categories: Announcements|

A Week on “The Farm:” Musings and Takeaways from the 2023 IADC Trial Academy

By: Michael P. Dickman

The author of this piece has never worked on a farm. His knowledge and familiarity with the rigors of agricultural undertakings derive largely from cultural depictions – books, movies, and TV. With that caveat, farming undeniably has certain associated features, traits, characteristics, etc.  In those cultural depictions, common themes emerge. […]

October 24th, 2023 - 6:38am|Categories: Articles & Publications|

Kenney & Sams, P.C. is pleased to announce that 13 attorneys have been named to the 2023 Massachusetts Super Lawyers and Rising Stars lists!

Super Lawyers selects attorneys from over 70 practice areas in firms of all sizes throughout the United States using a patented multiphase selection process. Selections are made on an annual, state-by-state basis.

The following attorneys have been named to the 2023 Massachusetts Super Lawyers list. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Only five percent of […]

October 13th, 2023 - 11:43am|Categories: Awards & Recognitions|

NLRB Adopts New Framework to Evaluate Whether a Workplace Policy is Lawful

By: Michelle De Oliveira and Greg Vanden-Eykel

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard to evaluate whether employer workplace policies or rules infringe upon an employee’s rights to engage in concerted activity under Section 7 of the National Labor Relations Act (NLRA). Under the new burden-shifting framework, employers must ensure that workplace […]

September 12th, 2023 - 1:57pm|Categories: Articles & Publications, Employment Law|