By: Herling D. Romero Adrianza

On August 14, 2024, the Massachusetts Appeals Court in Lessard v. R.C. Havens & Sons, Inc. (“Lessard”) affirmed a trial court’s order allowing an insurer’s motion for summary judgment and finding that an insurer has no duty to indemnify its insured where the plaintiff in a construction defect case failed to distinguish property […]

By Greg Vanden-Eykel

On October 7, 2024, the National Labor Relations Board’s (NLRB) General Counsel issued new guidance detailing the following: 1) employers’ potential liability for non-competition agreements found to be unlawful, and 2) the unenforceability of so-called “stay or pay” agreements between employers and employees.  Although the NLRB’s guidance does not carry the force of law […]

By Greg Vanden-Eykel, Esq.

This article continues Kenney & Sams’ series addressing Rhode Island employment laws that impact our Massachusetts and Rhode Island clients.  Awareness of these developments is particularly important for our Massachusetts-based clients who may not always consider the implications of Rhode Island law on their operations. As 2024 ends and 2025 begins, we highlight […]

By:  Laura M. Raisty

A federal court in Texas has blocked the Federal Trade Commission’s (“FTC”)  noncompete ban nationwide, holding that the FTC does not have the authority to ban non-competition agreements.

On August 20, 2024, the United States District Court for the Northern District of Texas issued a ruling in Ryan, LLC v. Federal Trade Commission, in which it concluded […]

By: Michelle De Oliveira, Esq. and Brittany Darcy, Esq.

On June 19, 2024, the EEOC issued harassment guidance, Promising Practices for Preventing Harassment in the Construction Industry (“Construction Guidance”), specifically addressed to the construction industry. The EEOC announced that its newly issued Construction Guidance supports its Strategic Enforcement Plan for Fiscal Years 2024-2028, “which, in part, focuses on combatting […]

By: Laura M. Raisty and Michelle M. De Oliveira

On July 31, 2024, Governor Maura Healey signed into law An Act Relative To Salary Range Transparency, making Massachusetts the twelfth state to pass a pay transparency law. The law requires covered employers to provide pay ranges in job postings and pay information directly to employees and applicants upon request. Moreover, […]

By: Drew Colby

One of the most dangerous clauses in any construction contract is the claims clause.  The claims clause provides relief (monetary and/or time) for changes in the work.  This clause can be a landmine for owners and trades alike.  Claims clauses typically have four components; namely, (1) is the work really a change; (2) when must notice be […]

By Greg Vanden-Eykel, Esq.

Many of our clients maintain offices, hire employees, and transact business in Rhode Island.  Primarily, many focus on complying with Massachusetts law given their principal places of business.  However, it is critical for employers to understand that transacting business in Rhode Island often triggers Rhode Island employment laws – even if employees work remotely from Rhode […]

By: Michael P. Sams, Esq. and Joshua D. Klebanoff, Esq.

Suffolk Construction’s 43 floor mixed use project in the Magic City was anything but after the United States District Court for the Southern District of Florida recently found Suffolk Construction’s inability to manage the “flow” of the project as general contractor so egregious that it constituted “active interference” with […]

By: David Viens

Introduction

A recent Massachusetts Appeals Court case involving a dispute arising from a failed restaurant demonstrates the often-elusive nature of what is known as the “implied covenant of good faith and fair dealing.”  The case, Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (“Classic Restaurant”), involved a commercial lease dispute between Classic Restaurant Concepts, LLC […]