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When an employee signs a general release of claims, the hope and expectation is that you will not hear from the employee again. In fact, that is the primary purpose of the release, especially when the employee is compensated in exchange for signing it. However, a...
In Massachusetts, the validity and enforceability of non-compete agreements is a heavily litigated area of employment law. Non-compete agreements will generally be enforceable when they seek to protect legitimate business interests of the employer such as trade...
People have been asking us whether they are entitled to be paid after a hurricane or other disaster closes their workplace. Hourly, or nonexempt, employees are paid only for the hours they actually work. If the business is closed during a natural disaster, they do not...
I was just thinking about two recent clients who were owed money by owners. One had a contract that was not in compliance with the Massachusetts Home Improvement Contractor Statute and had waited a long time to pursue his money. The other had a contract that fully...
Although I have written about mechanic’s liens in the past, the power of a lien cannot be underestimated and bears repeating. The right to file a lien is a huge advantage for contractors and construction companies, and is a unique tool that helps contractors get paid....
Not everyone who works on a public construction project in Massachusetts has to be in a union. However, to prevent ordinary workers from undercutting the unions, non-union shops have to pay their employees approximately what union workers make. Prior to the start of...
Most businesses that handle “personal information” of Massachusetts’ residents (i.e., a resident’s name and financial information, such as driver’s license, credit card number or social security number) must satisfy additional requirements of the Massachusetts data...
Employers must be sensitive to the emotional reactions of employees when they have been fired. An employee who realizes he may have played a part in his separation will respond differently from an employee who comes to the conclusion that he was discriminated against...
State licensing boards can no longer interpret or enforce OSHA regulations to discipline dentists or other professionals, the Supreme Judicial Court ruled. Our client was a dentist who received a surprise inspection by investigators from the Massachusetts Board of...
Landlords face a bad choice. If they stop tenants from smoking around medical oxygen, they’ll face claims of breach of contract, handicap discrimination, and violation of civil rights. If they ignore a known danger, and someone gets hurt, they may be liable. Oxygen...