By Robert P. Rudolph, Esq. and Adam J. Shafran, Esq. After several months of public hearings on the new Earned Sick Time Law, the regulations have been finalized. Beginning July 1, 2015, Massachusetts employees have the right to earn one hour of sick leave for every thirty hours worked, up to forty hours per year. […]
Blog
As reported by the The Boston Globe, NECN, Massachusetts Lawyers Weekly and other media outlets, Jonathon Friedmann and Adam Shafran recently obtained preliminary approval of a .5 Million class-action settlement involving 450 employees of Allied Waste Services of Massachusetts, LLC, a trash disposal company.
When an employer decides to terminate an employee, it may begin a chain of events that can have serious implications on the organization and its reputation. The terminated employee will likely experience a series of emotions ranging from disappointment to a deep and personal animus towards their former employer. These feelings, among other factors, may […]
You’ve hired an experienced and successful sales manager and you and your employee are now faced with a potential legal claim from your employee’s former employer. Or your company is facing legal proceedings and individual employees are involved in the case or called as witnesses. Your employee cannot afford to retain separate legal counsel. May […]
By Adam J. Shafran, Esq. Companies in all industries, large and small, should prepare themselves now for upcoming changes to the Fair Labor Standards Act (“FLSA”), the federal law governing overtime wages. In March of this year, President Obama issued a memorandum to the United States Department of Labor (“DOL”) mandating the DOL to update […]
Massachusetts law is clear: both majority and minority shareholders of a closely-held corporation owe each other (as well as to the corporation) a fiduciary duty–a duty of utmost good faith and loyalty. In 1975, the Massachusetts Supreme Judicial Court held in the leading case of Donahue v. Rodd Electrotype Co. of New England, Inc., that as […]
OSHA recently enacted a significant change to the requirements for reporting a death on the job and certain serious work place injuries. It is important for Massachusetts employers to be aware of the new requirements, including what must now be reported and the timing of the reports. The full press release is below. Please do […]
By Adam J. Shafran, Esq. The Computer Fraud and Abuse Act (“CFAA”) is a federal law that has been appearing in lawsuits brought by employers against their former employees at an ever increasing rate. The CFAA prohibits employees from accessing their employer’s electronic information without authorization, and includes both criminal and civil causes of action. […]
By Adam J. Shafran, Esq. Massachusetts, like all other states, follows the employment doctrine known as “employee-at will.” The concept is rather straightforward. On one hand, when an employee is considered an employee-at-will, the employee can choose to leave his or her employment at any time, without advance notice, and without having to give a […]
Covenants not to compete are generally disfavored. To enforce a non-compete, an employer must show that the covenant is necessary to protect a legitimate business interest, reasonably limited in time and space, and consonant with the public interest. This often requires individualized judicial consideration. And the matter is usually first presented to the judge by […]
