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A recent decision by the First Circuit will have vast ramifications for all restaurant owners in Massachusetts. In Matamoros v. Starbucks Corp., 2012 WL 5458443 (1st Cir. 2012), the Court held that shift supervisors (at Starbucks) did not qualify as “wait staff” eligible to participate in tips pools under provisions of Massachusetts Tip Act, M.G.L. […]

By statute in Massachusetts, a negligence or other tort action for damages arising out of any deficiency or neglect in the design or construction of an improvement to real property must be commenced within three (3) years after the cause of action accrues (that is, when the property owner discovers or has sufficient notice of […]

There have been several noteworthy changes to Human Resources laws in Massachusetts in 2010. All employers should be sure they are up-to-date and educated on the recent changes in the laws. The following are highlights of the important changes in Human Resources laws over the last year.

By James L. Rudolph, Esq. In general, the courts in Massachusetts enforce valid no damage for delay clauses in contracts. However, in rare instances in Massachusetts the courts recognize three exceptions in which a valid no damage for delay clause may be set aside: (1) where a defendant’s acts are arbitrary or capricious; (2) where […]

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