Articles/Publications

The Massachusetts Paid Family and Medical Leave (PFML) Law: Important Dates

The Massachusetts Paid Family and Medical Leave (PFML) law goes into effect on July 1, 2019, and creates a public insurance program to provide Massachusetts workers with paid leave in order to welcome and care for a new child; take time off for their own serious illness or injury; take care of an ill family […]...

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Getting Direct Payment for Subcontractors when General Contractors Fail to Pay

Massachusetts law provides a mechanism through which subcontractors on public projects may get paid directly from awarding authorities. If a general contractor does not pay a subcontract balance due within seventy days after the subcontractor substantially completes the work, the subcontractor may demand payment directly from the awarding authority in certain circumstances. These requirements are […]...

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Corporate Considerations: Keeping up Formalities and Successor Liability

As discussed in previous posts, the creation of a formal corporate entity and compliance with state prescribed formalities can offer business owners and members substantial protections from individual liability for business debts when acting by and through an entity. This compliance with formality can also offer substantial protections in the common event of one entity (a “Successor Entity”) […]...

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`Tips the Season…to Revise Your Payroll Practices in the Service Industry!

As of January 1, 2019, the new minimum wage in Massachusetts is $12 per hour for non-tipped employees and $4.35 per hour for tipped employees who make more than $20 per month. However, employers need to be aware of an important caveat with regard to the latter category: under the new law, employers must ensure […]...

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Massachusetts Paid Family and Medical Leave Draft Regulations – How Employers Can Get Involved

Starting in 2021, Massachusetts employees will be entitled to paid family and medical leave under the Massachusetts Paid Family and Medical Leave Act. The leave will allow employees to (1) care for a family member with a serious health condition, or (2) care for the employee’s own health condition. The leave period ranges from 12 […]...

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Actions Speak Louder Than (Written) Words: When Strict Compliance is not a Defense to Actual Notice in Commercial Leasing

The Massachusetts Superior Court (Essex) recently held that failure to strictly comply with commercial lease notice requirements did not invalidate a tenant’s email and verbal notice of its intent to terminate a lease.  Specifically, the tenant wanted to avoid triggering the automatic extension clause in the lease but did not send notice in the manner […]...

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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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