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The United States District Court for the Eastern District of Texas granted a preliminary injunction on a nationwide basis enjoining the Department of Labor’s final rule updating and modernizing the overtime regulations (“Final Rule”). The Final Rule would have gone into effect on December 1, 2016. The Order was issued on November 22, 2016 in […]

An agency relationship arises when one person (a “principal”) indicates by written or spoken words or other conduct that another person (an “agent”) has authority to act on the principal’s behalf and the agent consents so to act. Apparent authority is the power held by an agent or other actor to commit a principal to […]

In 1990 Congress passed Title III of the Americans with Disabilities Act, which states in relevant part that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” Since then, significant progress has been […]

Is your company a single employer? Earlier this year, a Massachusetts Superior Court for the first time applied the “single integrated employer” theory of liability to a case involving a restaurant chain, ruling that employees from separately incorporated but related entities could bring a class action against each of the entities under the state Wage […]

On October 6 at 7:30 am, Managing Partner Jim Rudolph will present a breakfast program on stockholder rights at the Boston College Club. Among the points Jim will touch upon are:

Under the Massachusetts condominium statute, the organization of unit owners, i.e., the condominium association, has a lien on each condominium unit for the unpaid common expense assessment levied against each unit from the time the assessment becomes due. This lien has priority over all existing mortgages, except that the priority over first mortgages is limited […]

Some seasoned landlord/tenant practitioners and even judges advise residential landlords to forego requesting security deposits from their tenants. Massachusetts law allows a landlord to require a tenant to pay at or prior to the commencement of a tenancy the first month’s rent, last month’s rent, a security deposit (equal to the first month’s rent), and […]

by Adam J. Shafran Beginning on December 1, 2016, nearly five million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s. Currently, executive, administrative and professional employees earning a salary of more than $23,660 per […]

by James L. Rudolph The interpretation of laws applicable to software protection can be more complicated than the software itself. But for software developers, there are some basic considerations to take into account when deciding how to protect your software.

Unfortunately, the Massachusetts appellate courts have not directly decided the issue whether an employer can re-characterize an employee’s termination from “without cause” to “for cause” based on information learned after an employee’s termination. While the Massachusetts courts have had the opportunity to consider the issue, they have neither adopted nor rejected the doctrine.

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