The Massachusetts Wage Act, M.G.L. c. 149, §148, is a particularly punitive statute for Massachusetts employers – entitling employees who are not timely paid their wages to three times the amount owed plus reimbursement of attorney’s fees accrued in pursuing their claim. With a recent decision of the Supreme Judicial Court – Reuter v. Methuen […]
Since our previous article from August 2021, employers have more frequently established and enforced mandatory COVID-19 vaccination policies. Employers have the discretion to implement mandatory vaccination policies for their employees. Certain employees, however, must be vaccinated under Massachusetts law. Massachusetts requires mandatory COVID-19 vaccination for certain employees, such as those who work in: To reach […]
some workers are classified as “independent contractors” and are not entitled to all of the statutory protections and requirements applicable to employees.
Not infrequently, businesses find themselves enmeshed in disputes that cannot be resolved through informal negotiation. Those disputes can always be litigated in the courts, but the path to resolution is often time-consuming and expensive. In recent decades, the burdensome nature of litigation has led many businesses and their in-house counsel to consider alternative dispute resolution, or “ADR,” as a way to avoid the court system.
The short answer is yes. The 2018 change in Massachusetts’ noncompetition laws leveled the playing field for employees, but employers should not abandon this important tool for protecting trade secrets and proprietary information when appropriate.
as at a party a few years back and struck up a conversation with the general counsel of a medium-sized privately held company. The discussion eventually turned to my practice: “litigator” I replied. This often inspires a step back – I mean that literally. This GC had one of the best responses I’d ever heard, and I’ve heard my fair share. “I know I need a litigator the way I’ll know I need an oncologist – something really bad has happened.” I smiled at that. There are few things I like more than a quick wit, and this GC had it. But she got me thinking (occupational hazard).
Your company may have one, two, twelve, or a thousand shareholders. No matter the number, shareholders dictate the direction of the company by majority consensus. When things are going well, everyone benefits, but what happens when disagreements emerge? This article will identify common causes of shareholder disputes, offer potential solutions, and propose preventative measures.
In Massachusetts, the default employment relationship is referred to as “at will.” This means that an employer can terminate an employee for virtually any reason so long as it is not prohibited by public policy.
Employers are not prevented from requiring all employees physically entering the workplace to be vaccinated for COVID-19. It is important to note, that the COVID-19 vaccinations are currently being manufactured and administered under an “Emergency Use Authorization” which is not the same as a full vaccine licensure. Therefore, the general approach to vaccination mandates for COVID-19 are seen differently than mandates for other vaccinations.