Jon Friedmann recently represented a manufacturing company and its owner in a contract dispute with a broker. The broker was hired to sell the manufacturing company’s assets and our clients were later sued by the broker who argued he was entitled to a commission under the terms of the contract. The owner maintained the broker […]
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by Adam. J. Shafran In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether a thirty-minute meal break constitutes compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. […]
by George Georgountzos For nearly two decades, Massachusetts law has protected individuals who exercise their First Amendment rights to petition from litigation meant to harass and discourage them from such activity. Over the years, Strategic Litigation Against Public Participation (or “SLAPP”) jurisprudence has blossomed, affording protection to individuals who make public statements from lawsuits by […]
Some seasoned landlord/tenant practitioners and even judges advise residential landlords to forego requesting security deposits from their tenants. Massachusetts law allows a landlord to require a tenant to pay at or prior to the commencement of a tenancy the first month’s rent, last month’s rent, a security deposit (equal to the first month’s rent), and […]
The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry — and for good reason. The customer’s desires and expectations when it comes to building or renovating their home are often unrealistic or untenable. It […]
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 […]
by James L. Rudolph Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project. This is accomplished through the use of so-called “indemnification” clauses, “hold harmless” provisions, and “additional […]
by Jocelyn Campbell, Esq. If you have a daughter (I have four), I’ll bet that she is beautiful, smart, successful and an all-around great kid… wait a minute, let’s go back to “successful”. You have raised her to believe that she can do anything from having babies to becoming a corporate CEO.
by Robert P. Rudolph, Esq. The Appeals Court of Massachusetts recently decided that an hourly employee who claimed that she was frequently pressured to work through her lunch break, which she took at her cubicle in the office, could sue her employer for unpaid overtime even though she did not record this extra time in […]
By Robert P. Rudolph, Esq. and Adam J. Shafran, Esq. After several months of public hearings on the new Earned Sick Time Law, the regulations have been finalized. Beginning July 1, 2015, Massachusetts employees have the right to earn one hour of sick leave for every thirty hours worked, up to forty hours per year. […]
