United States Supreme Court Halts Enforcement Of OSHA’s ETS for Private Employers with 100+ Employees

By: Laura M. Raisty, Esq. & Michelle M. De Oliveira, Esq.

The Biden Administration’s attempt to enforce OSHA’s Emergency Temporary Standard (“ETS”) has been halted, once again. On January 13, 2022, the United States Supreme Court, in a 6-3 decision, granted a stay of the ETS, which requires private employers with 100 or more employees to […]

January 14th, 2022 - 12:41pm|Categories: Articles & Publications, COVID-19, Employment Law|

Massachusetts Adopts CDC’s Newly Issued Guidance Relating To Isolation & Quarantine; Interplay with OSHA’s ETS

By: Laura M. Raisty, Esq. & Michelle M. De Oliveira, Esq.

On January 9, 2022, the U.S. Centers for Disease Control and Prevention (“CDC”) provided additional guidance to clarify its December 27, 2021 update, in which it shortened recommended COVID-19 quarantine and isolation periods. According to the CDC, the shorter periods focus on when a person is most […]

January 12th, 2022 - 2:57pm|Categories: Articles & Publications, COVID-19, Employment Law|

Key Considerations Concerning Contracts For The Sale Of Goods

By: Emyr Remy, Esq.

Contracts governed by Massachusetts law are typically covered by one of two independent legal frameworks; the common law and the Massachusetts Uniform Commercial Code (the “UCC”).  Contracts concerning the provision of services, real estate, and intangible assets are generally covered by the Commonwealths’ common law of contracts whereas transactions for the sale of goods […]

December 31st, 2021 - 9:55am|Categories: Articles & Publications, Uncategorized|

Employers Should Prepare Now For Changes to Massachusetts Paid Family and Medical Leave, Effective January 1, 2022

By: Julianne Fitzpatrick & Laura Raisty

Brief Overview of PFML for Employers

Who and what do PFML cover?

Enacted in 2018, the Massachusetts PFML Act permits most W-2 and some 1099-MISC employees to take job-protected, paid leave from work for family or medical reasons, including to:

  • Bond with a child in the first 12 months after the child’s birth, […]
December 31st, 2021 - 9:54am|Categories: Articles & Publications, Employment Law, Uncategorized|

Kenney & Sams is pleased to announce four attorneys promoted to Partner!

Kenney & Sams is pleased to announce the promotion of four of the firm’s lawyers to Partner. This is a direct result of their hard work, outstanding accomplishments, and dedication to the firm. Please join us in congratulating the firm’s newest Partners!

The following have been promoted to Partner:

December 31st, 2021 - 9:54am|Categories: General, Uncategorized|

Massachusetts’ Independent Contractor Test Does Not Apply When Determining Whether An Entity Is A Joint Employer, The FLSA Test Will Apply

By: Michelle M. De Oliveira, Esq. & Michael P. Dickman, Esq.

On December 13, 2021, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Jinks v. Credico (USA) LLC, holding that Massachusetts courts must apply the Fair Labor Standards Act (“FLSA”) test when deciding whether an entity is a […]

December 28th, 2021 - 1:19pm|Categories: Articles & Publications, Employment Law|

Christopher Kenney & Michael Sams named to Boston magazine’s inaugural Top Lawyers list

Christopher Kenney & Michael Sams were included in Boston Magazine’s first-ever list of the Top Lawyers in Greater Boston. Both Chris & Mike have been recognized for Construction Litigation for 2021. This inaugural list includes 1,099 best lawyers in the region as chosen by their peers.  Boston Magazine will publish the results in their December issue.

Read the Full […]

December 21st, 2021 - 5:33pm|Categories: Articles & Publications, Uncategorized|

OSHA’s Weekly Testing Or Vaccine Mandate For Employers With 100+ Employees Reinstated; Federal Contractor Vaccine Mandate Still Blocked

By: Laura M. Raisty, Esq. & Michelle M. De Oliveira, Esq.

Two courts recently issued decisions relating to vaccination mandates: one court lifted the stay on the OSHA “vaccine or test” mandate for employers with 100+ employees, and another court denied the Biden Administration’s request to dissolve a nationwide stay on the federal contractor vaccine mandate. Both are […]

December 20th, 2021 - 4:31pm|Categories: Articles & Publications, COVID-19, Employment Law|

Court Temporarily Halts Enforcement Of The Federal Contractor COVID-19 Vaccination Mandate

By: Michelle M. De Oliveira, Esq. & Laura M. Raisty, Esq. 

On December 7, 2021, the United States District Court for The Southern District of Georgia halted enforcement of President Biden’s Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (EO 14042).

What Does This Mean?

For now, we are back […]

December 10th, 2021 - 12:11pm|Categories: Articles & Publications, COVID-19, Employment Law|

Bad medicine for business? Vaccine mandate for Central Mass. companies of 100 a ‘recipe for disaster’

Michelle De Oliveira was quoted in the Telegram & Gazette article below by Henry Schwan. 

They say it’s bad for business. One legal expert says the mandates should hold up in court.

WORCESTER — Some of the largest companies in the city and Central Massachusetts aren’t happy about COVID-19 vaccination mandates spelled out by the White House last week.

A “recipe for disaster” is how […]

November 10th, 2021 - 1:27pm|Categories: Articles & Publications, COVID-19, Employment Law, Uncategorized|