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 […]
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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 […]
By Robert P. Rudolph, Esq. A Massachusetts court recently held that a broker was entitled to her broker’s fee despite the fact that no lease was consummated. In Ria K, McNamara. Inc. v. Forecast Shrewsbury Ltd. P’ship. 31 Mass.L.Rptr. 366 (Mass. Super. July 17, 2013), the Plaintiff Ria K. McNamara (“McNamara”) filed suit for payment […]
The short answer is yes, but it depends on the facts and circumstances of the particular situation. In a recent case decided by the Massachusetts Supreme Judicial Court, the Court addressed for the first time when a corporation’ s counsel could assert the attorney- client privilege and the work-product doctrine to prevent the disclosure of […]
It has long been the law in Massachusetts that a corporation (or even an individual) can, under certain circumstances, be held liable for the debt of another corporation. This is commonly known as “piercing of the corporate veil.”
A recent decision by the First Circuit will have vast ramifications for all restaurant owners in Massachusetts. In Matamoros v. Starbucks Corp., 2012 WL 5458443 (1st Cir. 2012), the Court held that shift supervisors (at Starbucks) did not qualify as “wait staff” eligible to participate in tips pools under provisions of Massachusetts Tip Act, M.G.L. […]
By statute in Massachusetts, a negligence or other tort action for damages arising out of any deficiency or neglect in the design or construction of an improvement to real property must be commenced within three (3) years after the cause of action accrues (that is, when the property owner discovers or has sufficient notice of […]
There have been several noteworthy changes to Human Resources laws in Massachusetts in 2010. All employers should be sure they are up-to-date and educated on the recent changes in the laws. The following are highlights of the important changes in Human Resources laws over the last year.
