DOL’s Proposed Rule Regarding Independent Contractor Classification
By: Brittany M. Darcy, Esq.
On October 13, 2022, the U.S. Department of Labor (“DOL”) issued a proposed independent contractor classification rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act (“Proposed Rule”). If implemented, the Proposed Rule will: (1) rescind the existing federal Independent Contractor Rule (the “2021 IC Rule”); and (2) serve as the new practical guide […]
Liquidated Damages Provisions Are Powerful, But Only If They Are Enforceable
By: Alexander R. Zwillinger, Esq.
The goal of any contract is predictability. The parties want to know from the outset what their rights and obligations are, what they need to do, and what they can expect from the other side. To that end, a well-drafted contract will be clear, unambiguous, and thorough about each side’s promises and expectations. It will […]
Unique Situations Confronting Contractors Seeking Liens In the Commonwealth
By: Andrew M. Winston, Esq.
The Massachusetts Mechanic’s Lien Statute, Mass. G. L. c. 254, enables general contractors and subcontractors to lien properties for which they have supplied labor and/or materials to secure payment for their work. To establish a lien on a property, contractors must file a notice of contract, a statement of account, and a certified complaint with the […]
PFML Update: Employers Must Issue 2023 Rate Sheet by December 2, 2022, Provide Employee Notice, and Publish Updated PFML Workplace Poster
By: Michelle M. De Oliveira, Esq. As the year is coming to an end, there have been a series of PFML updates from the Massachusetts Department of Family and Medical Leave (the “Department”). Employers must take the necessary steps discussed below to ensure compliance, and in short, distribute the updated 2023 PFML rate sheets by December 2, 2022, and timely distribute and/or publish the 2023 mandatory workplace poster and employee notice.
Boston Magazine’s 2022 Top Lawyers List Includes 3 Kenney & Sams Attorneys
Boston Magazine has included three Kenney & Sams attorneys in the publication’s “Top Lawyers” list, which recognizes the top law professionals in Greater Boston.
Kenney & Sams, P.C. Ranked in 2023 “Best Law Firms”
Boston, MA, United States, November 3, 2022 — U.S. News & World Report and Best Lawyers®, for the 13th consecutive year, announce the U.S. News – Best Lawyers® “Best Law Firms” rankings.
Kenney & Sams, P.C. has been ranked in the 2023 U.S. News – Best Lawyers® “Best […]
Massachusetts Mechanic’s Lien Statutory Deadlines Are Strictly Enforced, Pandemic or Not
By: J. Nathan Cole, Esq. and Herling D. Romero, Esq.
The Massachusetts Mechanic’s Lien Statute, Mass. G. L. c. 254, has notoriously strict deadlines by which notices of contract, statements of account, and certified complaints must be filed in relation to work performed on private property to “perfect” and enforce a lien. Failure to comply with the statutory recording […]
Attorney-Client Relationships In The Metaverse
By: Matthew C. Welnicki, Esq. and Michael P. Dickman, Esq.
As commerce extends in the metaverse, the legal profession will need to keep pace. Lawyers and firms have already established a presence in these virtual worlds. Time will tell whether this proves to be a viable platform for legal engagements or simply a marketing tool. But companies that choose to […]
Court Provides Employers with Roadmap to Ensure Proper Employee Versus Independent Contractor Classification
On July 13, 2022, the Massachusetts Appeals Court reemphasized the importance of compliance with the “ABC Test” to ensure proper employee versus independent contractor classification.
In Tiger Home Inspection, Inc. v. Director of the Dept. of Unemployment Assistance, the Appeals Court considered whether commercial and residential inspectors who provided services for Tiger Home Inspection (‘Tiger’) were employees or […]
Congratulations to Brittany M. Darcy for her selection to the Massachusetts Bar Association’s Leadership Academy
Kenney & Sams congratulates Brittany M. Darcy for her selection to the Massachusetts Bar Association’s Leadership Academy for the 2022-23 class year. Continuing its commitment to cultivating leaders who will work diligently towards the improvement of the legal profession in Massachusetts, the MBA developed the Leadership Academy to better prepare young attorneys to assume leadership roles at the bar, in […]