An agency relationship arises when one person (a “principal”) indicates by written or spoken words or other conduct that another person (an “agent”) has authority to act on the principal’s behalf and the agent consents so to act. Apparent authority is the power held by an agent or other actor to commit a principal to […]
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In 1990 Congress passed Title III of the Americans with Disabilities Act, which states in relevant part that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” Since then, significant progress has been […]
Is your company a single employer? Earlier this year, a Massachusetts Superior Court for the first time applied the “single integrated employer” theory of liability to a case involving a restaurant chain, ruling that employees from separately incorporated but related entities could bring a class action against each of the entities under the state Wage […]
by Adam J. Shafran Beginning on December 1, 2016, nearly five million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s. Currently, executive, administrative and professional employees earning a salary of more than $23,660 per […]
by Adam J. Shafran On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP”). The FRCP are the procedural rules which govern every civil lawsuit brought in any federal court in the United States. These amendments, which took effect on December 1, […]
by James L. Rudolph, Esq. As a small business grows, it is not unusual for a critical or key employee to ask the owner for stock in the company, or for an owner to believe that providing stock to key employees is appropriate, and may even be necessary to keep the employee. For a restaurant […]
On April 11, Jonathon Friedmann and Adam Shafran were featured on the Radio Entrepreneurs show “On the Record” hosted by Jeffrey Davis with co-host Mark Zwetchkenbaum.
As a general rule in Massachusetts, an action may not be brought against a person on a promise to answer for (that is, to guarantee) the debt of another unless “the promise, contract or agreement upon which [the] action is brought . . . is in writing and signed by the party to be charged […]
Rudolph Friedmann recently filed a federal class action lawsuit against Pepperidge Farm alleging that the company has misclassified many of its workers as independent contractors. What makes an individual an independent contractor? There are a number of factors that need to be examined on a case-by-case basis, including:
by James L. Rudolph, Esq. and Robert P. Rudolph, Esq. In a first of its kind ruling by a Massachusetts Superior Court judge providing guidance on the applicability of the integrated enterprise and joint employer theories to Massachusetts Wage Act claims, the Honorable Bruce R. Henry has held that restaurant managers who worked for the […]
