Mass. court ruling highlights need to carefully consider reasons before taking action Can an employee be terminated for going on vacation when taking leave under the Family and Medical Leave
Vacation During FMLA Leave?
Everything Is Not Terminator: Helping AI to Comply with the Federal Trade Commission Act
In my last column, I noted that there is general agreement that the authority of the Federal Trade Commission Act (the “Act”) is broad enough to govern algorithmic decision-making and
Know the Law: Tax Exclusion for Sale of Qualified Small Business Stock
Q: How can I take advantage of the 100% exclusion of the gain from the sale of stock in my small business? A: The federal income tax code allows you
Bill Expanding Union Rights in Response to Janus Supreme Court Decision in Limbo
Published in NEHRA News (7/18/2019) Last month, the Massachusetts House passed a bill that would allow public sector unions to charge non-members fees for services such as representation in grievances
Discretionary Bonuses: Per Se Fraudulent Conveyances?
The Bankruptcy Code does not treat all unsecured creditors equally; public policy concerns dictate otherwise. Workers, for example, benefit from a priority given to payment of certain wages. Frequently, the
Know the Law: What Is Title Insurance?
Q. What is title insurance, and why should I buy a title insurance policy for my home? A. Your home is probably your most valuable asset. When you buy a
Hotel Project a Warning for Firms with Multi-State Workforces
It was recently reported a Massachusetts construction company had been hit with more than $64,000 in fines after an audit conducted by the New Hampshire Department of Labor. Although the
Decoding the Rights of Gig Economy Workers
In an opinion letter dated April 29, 2019, the U.S. Department of Labor explains that some service providers working for a virtual marketplace company are independent contractors under the Fair
Know the Law: Dividing Jointly-Held Property
Q: I own a piece of property jointly with my ex-boyfriend and I don’t want to anymore. What are my options? A: You have several options. If you and your
SJC Weighs in on Standard for FMLA Abuse
On June 5, 2019 the Massachusetts Supreme Judicial Court issued a decision in DaPrato v. Massachusetts Water Resources Authority, SJC-12651, 2019 WL 2364353 addressing directly the question of whether it
Planning for Departure of a Business Co-Owner
When two or more individuals start a new business venture, often the last thing they think about, or want to think about, is the day when they will no longer
Know the Law: Will the New Tax Laws Make Divorce Settlement More Difficult?
Q: I am thinking about getting a divorce. Will the new tax laws make settlement more difficult? A: Likely, yes. It is the end of the first quarter of 2019,
What to Do When Your Business is Accused of Patent Infringement
Steps to take if a cease-and-desist letter arrives in the mail Several large verdicts for patent infringement against household names such as Apple, Groupon and Samsung illustrate the potentially severe
Considerations in Drafting Public-Facing AI Policies
For some time now, in response to the California Online Privacy Protection Act, Canada’s Personal Information Protection and Electronic Documents Act, and similar statutes and regulations from other jurisdictions, any
SJC Rules Massachusetts Retail and Inside Salespersons Entitled to Overtime and Sunday Premium Pay
The SJC, Massachusetts’ highest court, issued its long awaited decision in Sullivan v. Sleepy’s LLC, SJC-12542 on May 8, 2019. The case should be of concern to businesses which pay
Know the Law: Subpoenas for Company Records
Q: I have a business and received a subpoena saying I have to produce company documents. The subpoena seems broad, and some documents I am being asked to turn over