Enforceability of No-Damages-For-Delay Clauses
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 […]
Appeals Court Reinstates Failed Restaurant’s Elusive Breach of Implied Covenant of Good Faith and Fair Dealing Claim Against Commercial Landlord
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 […]
Owners and Contractors that Fail to Comply with the Massachusetts Prompt Pay Act are Barred from Asserting Contractual Counterclaims According to Trial Court
By: Michael P. Sams and Samantha Corcoran
The Tocci Building Corp. v. IRIV Partners, LLC et al. decision involved a construction project on Summer Street in Boston in which the Prompt Pay Act applied. The Prompt Pay Act applies to private construction projects in Massachusetts where the general contract value exceeds $3,000,000. The Act does not […]
Employers Must Make Separate and Additional Payments for Overtime and Hours Worked on Sundays to Commission-Based Employees, or Risk Violating the Massachusetts Wage Act
By: Michelle M. De Oliveira and George Barclay
Commission-based employees are entitled to, and must receive, separate and additional payments for overtime and hours worked on Sundays—and an employer’s failure to issue such payments violates the Massachusetts Wage Act.
On March 28, 2024, the Massachusetts Supreme Judicial Court (“SJC”) issued a decision in
Case Analysis: Milanoski V. Priscoli – Requirements for Judicial Estoppel Strictly Enforced; Agreements to Agree Can Impose Binding Obligations
By: John F. Nagle and Matthew C. Welnicki
Recently, the Massachusetts Business Litigation Session of the Superior Court (“BLS”) was asked to evaluate whether an “agreement to agree” in a letter of intent was binding. A central issue in the dispute was the impact of the equitable doctrine of judicial estoppel – one of the parties sought […]
Employees May Soon be Able to Designate Third Parties, Including Union Representatives, as Their Employee Representative During OSHA Inspections
By: Michelle De Oliveira and Parker Williams
On April 1, 2024, the U.S. Occupational Safety and Health Administration (“OSHA”) published a final rule, amending its existing “walkaround” rule, and expanding employees’ rights by allowing employees to designate non-employee third parties as their employee representative during OSHA inspections. The new rule’s effective date is May 31, 2024.
Current […]
Navigating The New EEOC Regulations Under The Pregnant Workers Fairness Act
By: Laura M. Raisty
The Pregnant Workers Fairness Act (“PWFA”), which has been in effect since June 2023, is intended to safeguard the rights of pregnant employees in the workplace. Among its protections is the requirement that employers provide reasonable accommodations to ensure pregnant employees can continue working safely and effectively, unless doing so would cause […]
FTC’s Final Rule Bans Employers from Using Non-Compete Agreements – But Legal Challenges Are Underway
By: Laura M. Raisty
After a public hearing on April 23, 2024, the Federal Trade Commission (“FTC”) adopted a final rule that will ban all workplace non-compete agreements with workers of for-profit businesses, finding that such agreements are an unfair method of competition under § 5 of the FTC Act. The rule was narrowly approved by […]
Understanding the New Final Rule Updating the Salary Level for Overtime Eligibility Under the Fair Labor Standards Act
By: Laura M. Raisty
On April 23, 2024, the U.S. Department of Labor released a final rule that will substantially increase the salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act (“FLSA”). While the final rule may not survive expected legal challenges, its current effective date is July 1, 2024. Employers are therefore well advised […]
Kenney & Sams, PC Partners with MCLE on Establishment of the Robert J. Muldoon, Jr. Scholarship Fund
Kenney & Sams is pleased to announce that we have partnered with Massachusetts Continuing Legal Education (MCLE) and Sherin and Lodgen LLP in establishing the Robert J. Muldoon, Jr. Scholarship Fund. The scholarship fund, in honor of Sherin and Lodgen’s former managing partner and former Litigation Department Chair, is a tribute to Muldoon’s legacy as a longtime […]