An old adage that hardy New Englanders have grown up hearing holds that if you do not like the weather conditions around here, “just wait a day or two and they will change.” A recently issued Massachusetts Superior Court decision has called into question a legal doctrine that has long shielded premises owners from liability […]
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This case involves a dispute between a borrower, a purported lender and the purported lender’s funder regarding a commercial loan, and the aftermath caused by the borrower’s default on the loan. The borrower brought claims against the purported lender and the lender’s funder, for unfair business practices and violation of the Massachusetts anti-usury statute. RF […]
by Jocelyn Campbell The title is a play on my favorite television show “Maine Cabin Masters.” There is a clip shown at the beginning of the show, where Chase, the fearless leader, is sitting on a large rock and he yells out “Cabin Masters Unite!” as if to summon his workers from the Maine woods. […]
Condo Unit Owner Not Responsible for Special Assessment Bobby Rudolph obtained a unanimous decision from the Massachusetts Court of Appeals affirming judgment in favor of RF’s client, a condominium owner, who was improperly assessed a portion of the cost to demolish and rebuild the condominium building’s parking garage. The parking garage, located behind the building, […]
by Adam Shafran In a recent case out of the U.S. District Court for the District of Massachusetts, a judge found an employer in contempt of a protective order after the employer fired one of its employees for testifying against the employer in his deposition.
On October 1, 2018, lost in the deserved fanfare that the passing of the Massachusetts Noncompetition Agreement Act garnered, Massachusetts also became the second-to-last state to adopt the Uniform Trade Secrets Act (UTSA) (only New York remains). In doing so, Massachusetts statutorily updated both its 80-year-old definition of “trade secret” and legal remedies for misappropriation […]
Bobby Rudolph was published in the spring issue of Paradigm magazine, an international legal publication that delivers articles regarding developments and trends in legal issues to corporate clients around the world. His article “U.S. Department of Labor Modifies Stance on Obama Era 80/20 Rule for Tipped Employees” provides an analysis and update on the U.S. […]
On September 7, 2018, the Chief Justice of Massachusetts’ highest court issued an opinion consequential for Massachusetts employers with out-of-state employees (Oxford Glob. Res., LLC v. Hernandez). In declaring a Massachusetts noncompete void as against California public policy, Oxford signals to Massachusetts employers that, in certain circumstances, the dual interests of out-of-state employees and limiting […]
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 Adam Shafran Class action wage and hour and other similar employment class action lawsuits are more prevalent than ever, particularly in Massachusetts, which has some of the strongest pro-employee laws in the country. A decision from the Massachusetts Business Litigation Session demonstrates that employers faced with a class action lawsuit must be careful how […]
