Articles/Publications

Non-Compete Reform Comes to Massachusetts

     After years of trying to find common ground on non-compete reform, the Massachusetts legislature passed a bill – which Governor Charlie Baker signed into law on August 10, 2018 – that promises to significantly change the employment landscape in the Commonwealth. The new law will take effect on October 1, 2018. The following […]...

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Show Me the (Same Amount of) Money!

The state’s new pay equity law, which amends the Massachusetts Equal Pay Act (“MEPA”), will take effect on July 1, 2018.  It is one of the strongest pay equity laws in the country, and subjects employers to double damages and attorneys’ fees in the event of a violation.  Moreover, it is a “strict liability” statute.  […]...

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“Ban-the-Box” Update for Employers

Since 2010, employers in Massachusetts have been prohibited, under the Criminal Offender Record Information (“CORI”) Reform Act, from requiring a job applicant to check a box indicating that he or she has a criminal history (the “ban-the-box” law).  Employers are also prohibited from requiring applicants and employees to disclose certain criminal information, including arrests and […]...

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Massachusetts Pregnant Workers Fairness Act Takes Effect

As of April 1, 2018, all Massachusetts employers with six (6) or more employees are subject to the state’s new Pregnant Workers Fairness Act (the “Act”). In light of the pre-existing federal law in this area, what is most notable about the Act is that it requires covered employers to provide: • non-exempt and exempt […]...

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UPDATE: Airbnb Hosts Beware: Boston Proposes Regulations on Short Term Rentals

Airbnb Hosts Beware, as the Massachusetts Legislature is now considering a bill to tax Airbnb and the short term rental industry. Recently, the Massachusetts House of Representatives passed a bill (H 4327) that places a tax on short-term rental units as well as establishes a state registry of short-term rentals. The short-term rental tax established by […]...

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Christopher Strang’s Article Published on the Cover of Under Construction

Strang Scott partner, Chris Strang, co-authored and article with Brendan Carter from the Associated General Contractors of Massachusetts that was published recently on the cover of the American Bar Association’s “Under Construction” quarterly newsletter.  The article details a case where Strang Scott prevailed against the Commonwealth of Massachusetts, successfully arguing that the awarding authority has a […]...

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Commercial Leasing Series: Decoding SNDAs

Subordination Non Disturbance and Attornment Agreements (SNDAs) often seem like afterthoughts in commercial leasing as they govern the potential future relationship between a tenant and the landlord’s lender rather than the current relationship between the tenant and landlord. SNDA’s, however, should not be overlooked, as they are crucial to protecting a tenant’s interests in the […]...

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Forfeiture Rule in Construction Disputes Under Review by the Massachusetts Supreme Judicial Court

Since the early 1900’s, Massachusetts courts have held that a contractor cannot recover on the contract itself without showing complete and strict performance of all terms or, in the event the contract cannot be completed fully, that the contractor substantially performed and attempted, in good faith, to perform fully. Under this rule, if the court […]...

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Promise to Pay Doesn’t Change Mechanic’s Lien Deadline

In a recent decision, D5 Iron Works, Inc. v. Danvers Fish & Game Club, Inc., & Others, the Appeals Court of Massachusetts ruled that an owner’s promise to make payment to the subcontractor did not excuse the subcontractor’s failure to timely file suit. In the case, the general contractor was delinquent in paying the subcontractor. […]...

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The White House Proposes $1.5 Trillion Infrastructure Development Program

The White House recently released its “Legislative Outline for Rebuilding Infrastructure in America.”  In the preamble to the outline, The White House requested that Congress act to implement the infrastructure program in short order through new legislation.  In broad strokes, the outline calls for new spending to stimulate $1.5 trillion dollars in infrastructure investments, from […]...

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