Two Sneaky Clauses That Present Unanticipated Risks
Line Item Guarantees
Virtually everyone in the construction industry believes line items in cost-plus contracts do not constitute individual guarantees. By and large, this belief is correct. However, those provisions are often stricken and their protection should never be presumed.
Both the A102-2017 § 12.1.5.2 and the A133-2019, § 11.1.5.2 expressly provide […]
Pitfalls to Avoid When Transitioning to An Unlimited Vacation Policy
An increasing number of companies are offering unlimited vacation days as a key benefit of employment. Known as “unlimited vacation” or “unlimited paid time off (PTO)” this trendy benefit presents several important legal considerations for employers and employees in Massachusetts and across the country.
For employees, an unlimited vacation policy seems like a […]
Risks and Rewards for Landlords with Real Estate in Cannabis-zoned Areas
In July 2017, Governor Baker signed into law An Act to Ensure Safe Access to Marijuana, General Law Chapter 94G, which allows individuals over the age of 21 to lawfully operate marijuana establishments for retail, cultivation, manufacturing and testing. Over a year later, in November 2018, the first legal sale of recreational marijuana was […]
Not All Prevailing Wage Claims Are Also Wage Act Claims, Limiting Individual Liability of Corporate Officers
Massachusetts’s Prevailing Wage Act is a comprehensive statute intended to provide an exclusive remedy for underpayment on public works projects. Some, but not all, of the provisions of the Prevailing Wage Act allow employees to hold corporate officers individually liable in certain circumstances. In a recent decision, Donis v. American Waste […]
Employers Beware: Practical Implications Of Governor Baker’s Newly Issued Travel Order, Effective August 1, 2020, in the Workplace
By: Michelle De Oliveira, Esq.
On July 24, 2020, Governor Baker issued a COVID-19 Travel Order[1] to safeguard residents from exposure to the Coronavirus due to interstate travel. The Travel Order went into effect on August 1, 2020, requiring visitors and returning residents entering Massachusetts to complete and submit a Travel Form and self-quarantine for 14 days […]
Local Bill Intended to Aid Very Small Business
In late-March the Massachusetts House of Representatives introduced Bill HD.4985, a proposed stimulus package to support micro-business during the COVID-19 pandemic. The proposed grant subsidy, introduced by Rep. Carlos Gonzalez, is intended to provide relief to very small businesses in Massachusetts during the COVID-19 pandemic.
This legislation would provide up to a $15,000 grant subsidy […]
DOL Guidance On The Families First Coronavirus Response Act
By: Michelle De Oliveira, Esq.
As you may already know, the Families First Coronavirus Response Act (FFCRA), effective on April 1, 2020, requires employers with fewer than 500 employees to provide paid sick leave and expanded family and medical leave to certain eligible employees. Although many questions remain unanswered, the Department of Labor (DOL) has issued helpful guidance in the […]