U.S. Department of Labor Proposes Rule to Extend Overtime Protections and to Increase the Number Of Overtime-Eligible Employees
Employers should regularly review job descriptions and their system for classifying employees as exempt and non-exempt from overtime pay as a regular part of their employment processes. This best practice has recently become more important after the U.S. Department of Labor (DOL) published a proposed rule that, if implemented, will once again modify […]
Mechanic’s Lien for Rental Equipment Not Reduced Because of “Idle Time”
By: David Viens
A recent Massachusetts Appeals Court case reinforces the proposition that the Massachusetts Mechanic’s Lien Statute will be strictly construed by our courts and provides important clarity for owners and subcontractors on projects involving rental equipment and delays.
In Bruno v. Alliance Rental Group, LLC, the Appeals Court considered, among various other issues (not discussed in this article), whether […]
Insurers Beware: Acknowledging a Duty to Defend
By: Zachary Sullivan
In a recent decision, the Massachusetts Appeals Court held that a contractor was entitled to recover its costs of bringing a coverage suit against its insurer when the insurer acknowledged its duty to defend but failed to pay the contractor’s reasonable defense costs and reserved the right to recoup any fees it may pay toward the contractor’s defense. […]
Massachusetts Appeals Court Dismisses Action for Lack of Personal Jurisdiction Over Insurance Company that “Has Done Substantial Business” in Massachusetts
Case Alert By: Matthew Welnicki
Establishing personal jurisdiction over a defendant is a threshold each plaintiff must clear before it can proceed to the merits of a claim. In a recent decision, the Massachusetts Appeals Court reminds us that this analysis requires more than a cursory inquiry into whether the defendant does business in the Commonwealth. […]
A Week on “The Farm:” Musings and Takeaways from the 2023 IADC Trial Academy
The author of this piece has never worked on a farm. His knowledge and familiarity with the rigors of agricultural undertakings derive largely from cultural depictions – books, movies, and TV. With that caveat, farming undeniably has certain associated features, traits, characteristics, etc. In those cultural depictions, common themes emerge. […]
Kenney & Sams, P.C. is pleased to announce that 13 attorneys have been named to the 2023 Massachusetts Super Lawyers and Rising Stars lists!
Super Lawyers selects attorneys from over 70 practice areas in firms of all sizes throughout the United States using a patented multiphase selection process. Selections are made on an annual, state-by-state basis.
The following attorneys have been named to the 2023 Massachusetts Super Lawyers list. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. Only five percent of […]
NLRB Adopts New Framework to Evaluate Whether a Workplace Policy is Lawful
By: Michelle De Oliveira and Greg Vanden-Eykel
On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard to evaluate whether employer workplace policies or rules infringe upon an employee’s rights to engage in concerted activity under Section 7 of the National Labor Relations Act (NLRA). Under the new burden-shifting framework, employers must ensure that workplace […]
14 Kenney & Sams Attorneys Named to 2024 Best Lawyers in America and Best Lawyers: Ones to Watch Lists
Kenney & Sams is pleased to announce that 14 attorneys have been named to the 2024 Best Lawyers in America® and Best Lawyers: Ones to Watch lists.
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. […]
Michael Sams, Esq. Selected as 2023 “Go To Lawyer” for Construction
Massachusetts Lawyers Weekly has selected Michael Sams as a “Go To Lawyer” for Construction for 2023.
“Go To Lawyers” are nominated by colleagues and chosen by a panel from Lawyers Weekly. Nominees are an expert in their field, think creatively, have a record of success, and receive frequent referrals from other lawyers. The award began in 2020 […]
J. Nathan Cole Selected To The Nominating Committee For The International Association Of Defense Counsel’s Annual Meeting
J. Nathan Cole was asked by outgoing International Association of Defense Counsel (“IADC”) President, Mark Beebe, to serve on the Nominating Committee at this year’s IADC annual meeting in Waimea, Hawaii from July 9 – July 14, 2023.
The Nominating Committee is comprised of a chair and four members selected at the discretion of the sitting IADC President. Its purpose […]