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.
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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 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 […]
It’s Monday morning and you log onto Facebook. You expect to see the usual litany of pet pictures, bland status updates and requests for where to find the best Chinese food in your community. Instead, there is a post on the community “Moms” page with over 57 comments. There is a rumor of a threat […]
In the Supreme Judicial Court case of James B. Nutter & Company vs. Estate of Murphy, et. al. (and two consolidated cases) dated January 18, 2018, the SJC had to decide if the language in a reverse mortgage incorporated the statutory power of sale as required by M.G.L c. 183, sec. 21 allowing the lender […]
by Robert P. Rudolph Where the plaintiff employee in Yarph v. Bowden Hospitality Newton LLC, et al. sought to add both the limited liability company that gave a hotel owner a license to do business and the LLC’s parent company to a lawsuit claiming that the hotel violated the Massachusetts Tips Act, the Business Litigation […]
Robert Rudolph and Adam Shafran present “Do This, Not That: Navigating Complex Legal Employment Issues in the Construction Industry” on Wednesday, November 8 at 7:30 am at the Gould Construction Institute. The program will be held at 100 Unicorn Park Drive in Woburn, MA. Register for the event here.
Jon Friedmann recently represented a manufacturing company and its owner in a contract dispute with a broker. The broker was hired to sell the manufacturing company’s assets and our clients were later sued by the broker who argued he was entitled to a commission under the terms of the contract. The owner maintained the broker […]
by Adam. J. Shafran In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether a thirty-minute meal break constitutes compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. […]
