CLIENT ALERT by J.P. Harris In May 2018, the European Union’s sweeping data privacy regulation, the General Data Protection Regulation (“GDPR”), went into effect. Ever since, companies in the United …
Alert
Supreme Judicial Court Advises Legislature Should Clarify Independent Contractor Test
CLIENT ALERT by Mark J. Ventola and Paul S. Lopez In Massachusetts, there are four distinct methods that are used to determine whether a worker should be considered an employee …
Unused Sick Time Not “Wages” Under Massachusetts Law
CLIENT ALERT by Mark J. Ventola and Paul S. Lopez On January 29, 2018, the Massachusetts Supreme Judicial Court (“SJC”) ruled that accrued but unused sick time does not constitute …
MCAD Issues Guidance on the Pregnant Workers Fairness Act
CLIENT ALERT by Mark J. Ventola and Paul S. Lopez Last year, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”) into law. The Act, which goes into …
Overview of the Most Significant Reform of the US Tax Code Since 1986
CLIENT ALERT By Peter T. Beach The Tax Cuts and Jobs Act (the “Act”) signed by the president on December 22, 2017, lowers most business and individual tax rates, makes fundamental …
SJC Weighs in on Whether an Estate Administrator Can Access a Decedent’s Emails
CLIENT ALERT By David L. Hansen and D. Deniz Aktas Recently, the Supreme Judicial Court partially answered the thorny question of who should have access to a person’s emails after …
Massachusetts Appeals Court Rejects Effort to Extend Duration of Restrictive Covenant Pertaining to Real Estate
CLIENT ALERT By John H. Perten In a decision dated December 5, 2017 captioned Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court revisited the issue of whether restrictive covenants on …
New Massachusetts Law for Private Company Owners
CLIENT ALERT By: Chas Waters The Supreme Judicial Court of Massachusetts issued a precedent-setting decision (Koshy v. Sachdev, SJC-12222 (September 14, 2017)) in favor of Sheehan Phinney’s client, an equal …
New Massachusetts Case Law on Private Company Deadlock
CLIENT ALERT By: Chas Waters The Supreme Judicial Court of Massachusetts issued a precedent-setting decision (Koshy v. Sachdev, SJC-12222 (September 14, 2017)) in favor of Sheehan Phinney’s client, an equal …
Update on Stalled Federal Overtime Exemption Rule Changes
CLIENT ALERT By: James P. Reidy and Mark J. Ventola In a ruling issued on November 22, 2016, a Federal District Court Judge in Texas blocked implementation of the U.S. …
Stop the Presses! Federal Judge Stays Implementation of the Overtime Exemption Rule Changes
CLIENT ALERT By: James P. Reidy and Mark J. Ventola In a ruling issued late yesterday, a Federal District Court Judge in Texas has blocked implementation of the Department of …
Massachusetts Changes Public Bid Laws
CLIENT ALERT By Janet B. Fierman On November 7, 2016, Chapter 218 of the Act of 2016, “An Act modernizing Municipal Finance and Government”, became effective. Among other things, Sections …
Court Reaffirms that Securities Laws are There to Protect Consumers
CLIENT ALERTS By: John Perten In a case of first impression, the United States Court of Appeals for the First Circuit determined that a misrepresentation in a business plan provided …
EEOC’s Proposed Rule Upholds Wellness Plan Incentives
CLIENT ALERT By Karen A. Whitley The Equal Employment Opportunity Commission (“EEOC”) is updating its regulations under the Americans with Disabilities Act (“ADA”) to provide guidance to employers who offer …
Executive Action on Immigration Reform
CLIENT ALERT By Jim Reidy & Nate Warecki On Thursday evening November 20th President Barrack Obama, as promised, announced a string of executive actions concerning the United States immigration system. This …
Attorney General Issues Proposed Regulations Under Massachusetts Earned Sick Time Law
CLIENT ALERT By Mark J. Ventola Attorney General Maura Healey has issued the proposed regulations (the “Regulations”) further defining the provisions of the new Massachusetts Earned Sick Time Law (the …
Massachusetts’ Mandatory Sick Time Law
CLIENT ALERT By Mark Ventola Voters in Massachusetts recently approved the ballot measure requiring employers to provide sick time for all employees. In doing so, Massachusetts joined a small group …
The New Massachusetts Retainage Statute: Time to Review Your Standard Contract
CLIENT ALERT By John Perten Effective November 6, 2014, there is a new statute governing retainage on private construction projects. The new law caps retainage at 5% and establishes a …
Contractor Private Arbitration Clause in a Home Improvement Contract Does Not Trump Homeowner Statutory Dispute Resolution Procedure
CLIENT ALERT By John Perten In an unpublished appeals court decision, Mamaril v. Keller, the Massachusetts appeals court ruled that a homeowner was not bound by an arbitration clause contained …
Confusion over Fiduciary Duties to Former LLC Members
CLIENT ALERT – A recent amendment to the New Hampshire Limited Liability Company Act, that went into effect on August 9, 2016, increases the uncertainty surrounding the duties that an LLC and its members owe to a former LLC member under the statute.
Massachusetts’ Pay Equity Law
CLIENT ALERT By Mark J. Ventola Joining a growing number of states that have recently enacted pay equity legislation, on August 1, 2016, The Massachusetts Legislature approved a new pay …
Blood from a Stone? Making Sure Your Judgment Is Worth More Than the Paper It Is Printed On
The decisions to commence and remain in a lawsuit trigger a number of legal and practical considerations including: the merits of your claims; the potential counterclaims that may eat into …
Practitioner Tax Alert
Recently passed changes in IRS partnership audit rules could have unintended economic consequences for partners and may require revisions to partnership agreements and LLC operating agreements. Acting now to revise partnership and LLC agreements could allow partnerships to immediately take advantage of some of the new procedures.
The Department of Labor Announces Final Rule on White Collar Exemptions
CLIENT ALERT By Mark J. Ventola and James. P Reidy On May 17, 2016 the United States Department of Labor, after much anticipation, issued its Final Rule updating the Fair …
Time Is Running out to Participate in a New Hampshire Tax Amnesty Program
CLIENT ALERT By Russell J. Stein New Hampshire taxpayers may have an opportunity to become current on their tax obligations, avoid penalties and pay 50% of outstanding interest on past-due …
Regardless of What Your Client Says, As a Builder, You Are Ultimately Responsible for Code Compliance
CLIENT ALERT By John H. Perten In 2006, in Reddish v. Bowen, the MA appeals court affirmed a ruling that a home improvement contractor who installed an in-ground swimming pool …
New Hampshire Legislature Passes, Governor Signs New Securities Law
CLIENT ALERT By Michael J. Drooff The New Hampshire legislature passed and Governor Hassan signed into law on July 27, 2015 a new Uniform Securities Act which comprehensively reforms New …
Attorney General Issues Final Regulations under Massachusetts Earned Sick Time Law
CLIENT ALERT By Mark J. Ventola and David L. Hansen On June 19, 2015, Attorney General Maura Healey issued the final regulations (the “Regulations”) further defining the provisions of the …
Attorney General Issues Final Regulations Under Massachusetts Earned Sick Time Law
CLIENT ALERT By: Mark Ventola and David Hansen On June 19, 2015, Attorney General Maura Healey issued the final regulations (the “Regulations”) further defining the provisions of the new Massachusetts …
IRS Amnesty Program Available to Minimize Significant Taxes and Penalties from the Misclassification of Workers as Independent Contractors
CLIENT ALERT By Russell J. Stein Classifying a worker as an employee or an independent contractor is one of the first questions a company faces when establishing, retaining or increasing …
Massachusetts’ Mandatory Sick Time Law
CLIENT ALERT By Karen A. Whitley and Mark J. Ventola On January 7, 2015, outgoing Governor Patrick signed into law “An Act relative to parental leave” (“Parental Leave law”), which …
Three Doors Do Not Equal One Entrance
CLIENT ALERT By John Perten The MA Appeals Court has ruled that for purposes of handicap accessibility, all doors to a commercial establishment must comply, not just some. Hollister, a …
