U.S. Department of Labor Updates Regulations Relating to the Regular Rate Under the FLSA
The U.S. Department of Labor (“DOL”) has issued guidance to employers on what forms of compensation may be excluded from an employee’s regular rate for purposes of overtime calculation.
On December 12, 2019, the DOL announced a Final Rule (“Rule”) clarifying and updating regulations relating to “regular rate” requirements under the […]
How Prudent Risk Management Can Extend the Workers’ Compensation Act’s Tort Immunity to Companies That Lease Their Employees
With the economy continuing to hum along, and companies facing backlogs due to a tight labor pool, more Massachusetts employers are looking to lease employees to adequately staff projects, jobsites, and accounts – and substitute their own traditional workforce. Companies see numerous benefits to such leasing arrangements, including cost-saving measures related […]
Contact Sports: Civil Liability for Players, Coaches, Referees and Facilities
In a recent decision, the Massachusetts Appeals Court revisited the standard for civil liability for players, coaches, referees and facilities for injuries resulting from misconduct during amateur contact sports.
The case involved a Midget Major ice hockey game. The 17-year-old defendant, Julion Lever, checked the 17-year-old plaintiff, Daniel Borella, […]
Is Your Internal Investigation Report Privileged and Confidential? A New Decision Should Make You Think Twice
When an employee or business partner accuses someone in your organization of illegal conduct, your first instinct should be to ask your lawyer to investigate so you can respond appropriately. A recent Superior Court decision, however, warns that even a lawyer’s investigation report might not be privileged. The case highlights […]
Big Changes Coming for Massachusetts Superior Court and District Court Civil Cases
Significant backlogs and bottlenecks at the state court level, resulting in civil cases that can drag on for three or more years, have caused the Massachusetts’ Supreme Judicial Court to increase the procedural amounts for cases filed in state District Courts and the Boston Municipal Court from $25,000 to $50,000. The expectation is […]
When Seeking Coverage As An Additional Insured: Tips, Misconceptions, & Avoidable Pitfalls
You’re a general contractor. Your subcontractor does defective work that results in property damage and a lawsuit against you by the owner. Must you defend against the owner’s claims, and could you bear the ultimate costs to repair the property?
You’re a commercial property owner. Your tenant’s employee is injured on the job. She collects […]
What Employers Need to Know about the New Massachusetts Paid Family and Medical Leave Law
Last year, Massachusetts Governor Charlie Baker signed the Massachusetts Paid Family and Medical Leave Act (PFML) into law. This new law significantly changes the landscape for employers in Massachusetts.
Summary of the New Law
The PFML gives certain eligible employees access to paid leave benefits, beginning in 2021. They can start claiming PFML benefits for bonding with a child or newborn or […]
The Meaning Behind the ‘Your Work’ Insurance Coverage Exclusion
In All America Insurance Company vs. Lampasona Concrete Corporation, the Massachusetts Appeals Court recently held that while the ‘your work’ exclusion to comprehensive general liability (CGL) insurance coverage precluded coverage for repairing the insured’s defective work performed on one flooring layer during a construction project, the exclusion did not preclude coverage for damages that the insured’s defective work caused to […]
Due Process Guarantees Apply to Firearms Regulations
Few public policy issues generate such polarized viewpoints as efforts to regulate firearms. Firearm owners through national organizations such as the NRA and locally through the Gun Owners’ Action League do not hesitate to express their views on gun regulation, while those favoring greater regulation have recently become more vocal and organized pursuing their goals. Regardless of one’s stance on […]
Gender Identity And The Equal Pay Act
Effective June 30, 2018, the Massachusetts Legislature enacted the Equal Pay Act, which prohibits employers from paying an employee less than “employees of a different gender for comparable work.” This new law, replacing a 1945 statute rendered ineffectual by decades of judicial narrowing, reinvigorated a key tool in redressing and reversing the systemic underpayment in the workplace of women relative […]