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 […]
Condition Precedents in Construction Contracts: Need I Comply?
Construction contracts almost always contain condition precedents that must occur before a contract becomes effective or an obligation to perform arises. Under Massachusetts law, if the condition precedent is not fulfilled, the contract, or the obligations attached to the condition, are unenforceable. Thus, if condition precedents are not met in accordance with the contract, the […]
Reservation of Rights Letter…The Insurer’s Prenuptial Agreement with its Insured
When an insurance company agrees to defend you but reserves the right to disclaim coverage later ― you can hire your own counsel and the insurer, not you, must pay for that counsel.
More specifically, in determining whether to head into a relationship with its insured once a claim has been filed, an insurer, like a […]
Are Out-Of-State Employees Afforded Protections Under The Massachusetts Wage Act And Massachusetts’ Anti-Discrimination Statute?
By: Michelle M. De Oliveira and Herling Romero
The question of whether an out-of-state employee may reap the benefits of Massachusetts law, including the Massachusetts Wage Act, requires an important analysis that is both in-depth and fact specific.
In Wilson v. Recorded Future, Inc., et al., the United States District […]
National Labor Relations Board Expands Joint Employer Rule
On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a Final Rule that revises the applicable standard to determine whether two or more entities may be considered joint employers under the National Labor Relations Act (“NLRA”). The test is more expansive than the previous test and […]
Considerations for Employers Facing Challenges to Workplace DEI Policies
By: Gregory Vanden-Eykel and Parker L. Williams
In June 2023, the United States Supreme Court issued its decision in the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College case (“SFFA”) and curtailed the use of affirmative action in college admissions. Specifically, the Court held that the University […]
5 Tips for Responding To A Chapter 93A Demand Letter
By: Alex R. Zwillinger, Esq. and Jessica A. Hartman, Esq.
Oftentimes, the first our construction clients hear that their customers are dissatisfied is when they receive a Chapter 93A demand letter, crammed with legalese, alleging bad work and “unfair and deceptive trade practices,” and demanding payment for damages.
Understandably, many contractors are unfamiliar with Chapter 93A, […]