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by George Georgountzos Landlords who lease residential units face new challenges in dealing with legalized marijuana use. Legal use of medicinal marijuana has been around for a while and Massachusetts courts have addressed issues about offering reasonable accommodations for individuals who are prescribed marijuana under a doctor’s care. Now that Massachusetts has legalized recreational use […]

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 […]

by James L. Rudolph and 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 […]

by Adam J. Shafran On May 21, 2018, in a highly anticipated 5-4 decision, the United States Supreme Court ruled that class action waivers in employment arbitration agreements prohibiting employees from bringing class action lawsuits are enforceable and do not violate the National Labor Relations Act. The decision in Epic Systems Corporation v. Lewis maintains […]

by George Georgountzos A common provision in condominium documents for new construction projects is language protecting the developer from potential lawsuits for defects in common areas and facilities. This limits individual lawsuits by single or minority disgruntled unit owners, but such protections are not limitless. A recent Supreme Judicial Court (SJC) decision, Cambridge Point Condominium […]

On October 1, 2018, Massachusetts’ new noncompete law (G.L. ch. 149, § 24L) goes into effect. While the new law largely codifies existing common law, it also alters the legal landscape in significant ways that will pose traps for unwary and overprotective employers. Particularly, although the law offers enforceability incentives for narrowly drafted noncompetes, it […]

Social media is ubiquitous and constantly evolving. My Space, Live Journal and Napster have been replaced by Facebook, Instagram and Twitter. It is important to be aware of your digital footprint and what information can be subjected to discovery in Massachusetts.

by Adam Shafran On June 28, as part of a comprehensive new employee wage and benefits initiative, Massachusetts adopted an expansive paid family and medical leave law that substantially expands the job protection rights of nearly all workers throughout Massachusetts. While the details are still coming out, the following are the basic points of this […]

Jim Rudolph has been selected as a Fellow of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only international honorary association composed of preeminent lawyers specializing in construction law and related fields. Fellowship is limited and selective, with lawyers being invited into Fellowship upon a proven record of excellence and accomplishment in […]

by Robert P. Rudolph A recent ruling by the U.S. District Court for the District of Massachusetts indicates that, depending on the circumstances, the longtime practice of placing an employee on paid administrative leave during an investigation may constitute a materially adverse employment action sufficient to establish a claim for unlawful retaliation.

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