Articles/Publications

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”) […]...

Read More

`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 […]...

Read More

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 […]...

Read More

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 […]...

Read More

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 […]...

Read More

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.  […]...

Read More

“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 […]...

Read More

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 […]...

Read More

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 […]...

Read More

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 […]...

Read More