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In the matter of Trustees of 10 Porter Street Condominium Trust v. Cerda, the Massachusetts Appeals Court has, for the first time, distinguished the types of condominium charges that must be “paid under protest” as a condition of challenging their propriety. Based on longstanding law in the Commonwealth of Massachusetts, the appeals court affirmed the […]

Federal and Massachusetts laws guarantee that no person shall be denied the right to work based on characteristics such as race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability/handicap, criminal record and genetic information (including family medical history). In order to comply with the law, employers […]

Every employer is well advised to have a written employee handbook consisting of a written compilation of rules, standards and policies governing the management of the employer’s human resources. Employers should carefully consider their business, legal, employee relations and general objectives for creating an employee handbook, and then treat it as a living document, conducting […]

Since the outbreak of the COVID-19 pandemic, we have seen an increase in reliance on force majeure and other clauses in construction contracts due to delays caused by COVID-19, such as construction shutdowns and social distancing. This has caused construction projects to stop or slow, stopping or slowing payment, and has resulted in an increase […]

It is widely accepted throughout the legal community that there will be a wave of COVID-19 related litigation once the immediate impact of the pandemic settles. As COVID-19 spread, employers quickly closed their offices and transitioned employees to remote working without time to plan. When the dust settles, employers should expect that they will be […]

The outbreak of Coronavirus (COVID-19) has impacted all of our lives and generated numerous questions on various employment and other legal issues. We are working diligently to counsel our clients as issues arise throughout these uncertain times. This article is intended to provide answers to some of the most common legal issues related to COVID-19 […]

by Robert Rudolph Massachusetts Minimum Wage Effective January 1, 2020, the Massachusetts Minimum Wage will increase from $12.00 per hour to $12.75 per hour. The Massachusetts Minimum Wage will continue to increase in yearly increments until it reaches $15.00 per hour on January 1, 2023. In Massachusetts, all workers are presumed to be employees, and […]

by Robert P. Rudolph If you have worked in the United States, then you have (hopefully) filled out a Form I-9 Employment Eligibility Verification. The Form I-9, issued by the United States Department of Homeland Security (“DOL”), is used to verify the identity and employment authorization for all persons hired for employment in the United […]

by Robert P. Rudolph On November 8, 2018 the Department of Labor (“DOL”) issued Opinion Letter FLSA 2018-27, which rolls back the Obama-era’s enforcement of what is commonly referred to as the “80/20 Rule.” Many states allow an employer to pay a lower tipped rate to tipped service employees, such as waiters and bussers. For […]

by Robert P. Rudolph According to the US Census Bureau, there are nearly one million renter-occupied housing units in the Commonwealth of Massachusetts. It is estimated that 75 percent of rental units are owned by small property owners who do their own management instead of contracting it out. When a new tenant moves in, it […]

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