COVID-19: Changes in The Landscape Of Unemployment Benefits, Layoffs Versus Furloughs & The WARN Act.
Part I: Changes in the Landscape of Unemployment Benefits
The Massachusetts Department of Unemployment Assistance (“DUA”) has adopted emergency regulations (430 CMR 22:00) to address the COVID-19 pandemic and the hardship it may cause to businesses and employees.
Coronavirus Claims and Coverage: What Happens Next?
In these unprecedented times, Kenney & Sams, P.C., is fielding calls from clients asking whether their business insurance policies provide coverage to help offset or cover significant losses caused by the government’s shutdown of their businesses, exposure to the coronavirus, voluntary closures, jobsites lockouts, and lost productivity. These are monumental […]
Coronavirus: What All Employers Should Know
The apparent spread of Coronavirus (COVID-19) is generating concerns in the workplace and employers have questions, understandably so. As of March 11, 2020, the CDC has reported 938 cases of COVID-19 in 39 states nationwide, along with 29 deaths.1
This article is designed to assist employers when […]
U.S. Department of Labor Implements New Overtime Rule & Increases Salary Threshold for FLSA Exemptions
The U.S. Department of Labor’ updated overtime rule and increase of salary thresholds for qualifying exemptions under the Fair Labor Standards Act (“FLSA”) are here, effective as of January 1, 2020.
On September 24, 2019, the U.S. Department of Labor (“DOL”) announced its final rule, updating the salary thresholds necessary for […]
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 […]