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Shareholders and Trade Restrictions
Have you heard about Demoulas Super Markets (DSM) interesting family litigation? While many people know of its stores, few know that DSM has been a significant source of Massachusetts’ corporate laws about shareholder disputes. * The history of the family litigation reads like some TV courtroom drama, with a greedy uncle taking advantage of his sister-in-law.** The most recent case from the Supreme Judicial Court resulted in a March decision, about the importance of agreements among shareholders e.g. for the sake of inheriting family members. Such agreements determine duties and dispute resolution Read More...
Interviews: Best Hiring Practices Part 3
Interviews are the third topic in our series on hiring. You should have already prepared a complete job description that will help you if you need to terminate the employee. Thus, you have some form of criteria for weeding out the applicants. That criteria should remain consistent when interviewing, and is useful throughout the employment of the person in that job (although job descriptions may change). You have or obtained from counsel an application that meets state and federal legal requirements, and you have found good candidates for your job opening(s). It's time to select an employee(s) based Read More...
Employee Handbooks: Everything You Need To Know To Keep You Out Of Trouble
Today we present a guest article by my colleague, Jeanne M. Colachio, Esq. We both presented at the recent Lorman Employment Law Update seminar, for the second year. She agreed to become my first guest blogger and has great advice about employee handbooks. We wanted to share her excellent advice with you.
EMPLOYEE HANDBOOKS: EVERYTHING YOU NEED TO KNOW TO KEEP YOU OUT OF TROUBLE
By: Jeanne M. Colachico, Esq.
Jeanne M. Colachico, Esq. & Associates
In today’s complex and legal world, a well-drafted employee handbook is an organization’s first line of defense for promoting organizational Read More...
Posted in Employment Law, Guest Posts
Tagged employee handbook, Employee Handbooks, Employment Law, Handbooks
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Age Discrimination Defense: Factors Other Than Age
BTW, have you noticed our blog has a new name? With age discrimination cases, claims that business practices have a disparate impact on people protected by the ADEA* can make it difficult to mount a strong defense. The ADEA was created to prohibit discrimination in employment against people ages 40 and older, and has since placed a considerable burden on employers when it comes to downsizing. Fortunately, the Equal Employment Opportunity Commission (EEOC) recently finalized a list of considerations governing how employers can defend themselves and their actions in certain age discrimination cases Read More...
Employee Terminations: Best Practices for Employers
Some of you might like a short primer on employee terminations, something we all prefer not to do, but sometimes it is unavoidable. This is one part of my topic: Hiring, Firing, Disciplining and Laying-off Employees for an Employment Law Update Seminar. Terminating someone, whether or not "for cause," may be one of the harder things that you have to do; following some best practices may make it just a little easier. Remember it may be one of the hardest things that an employee faces, so it is worth giving it some thought and treating most people as you would want to be in the same situation.
PRE-TERMINATION Read More...
Posted in Business Law, Employment Law
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Lorman Employment Update 2013
As a CEO/Business owner, manager, HR professional or other adviser, you may need to know how to avoid the risk of employment lawsuits every day. You or your staff could greatly benefit from practical, easily understood advice offered at the Lorman Employment Law Update in Peabody, Massachusetts on April 3, 2013. The employment process is highly regulated. From the moment you word a job application, advertise, interview, fire or lay off employees, legal requirements apply.
In this program, you will learn best practices in easily understandable language. For printable info and to register, Read More...
Posted in Uncategorized
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Get Serious with Series LLCs to Save Costs?
An article by a Robert Geurden about a novel idea here in Massachusetts called the Series LLC recently appeared in Mass. Lawyers Weekly. I wanted to comment on it, share the concept, and urge our business community and legislators to push for a change in the law to give us the same flexibility here as in some other states. A proposal to use series Limited Liability Companies (LLCs) through one "master" LLC with two or more LLC sub-entities - may provide two kinds of advantages.
First, there is "serious" savings in cost - avoiding multiple LLC tax returns, filing fees, and other requirements. Read More...
Posted in Business Law
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Waiving Wage Act Claims
A recent case as resulted in an important update to the Wage Act, concerning statute of limitations and what is a valid release. The Townsend Oil Company, Inc., barely a stone throw away from my office, was in court over a Wage Act dispute involving two important legal doctrines for employers and employees: independent contractors v. employees and the resulting liability for misclassifying workers and Wage Act releases in settlements as occurred here. The Court did not deal with releasing future claims as in an employment contract, something it said was far more problematic.
The plaintiffs, Read More...
Applications: Best Hiring Practices Part 2
The challenge for employers, their HR staff, and hiring managers is to absorb enough employment law to make the right decisions. Here are 10 of my favorite tips about the hiring process/application forms:
Some Massachusetts Hiring Application Requirements
Lie Detectors – A Statement that Lie Detector Tests are unlawful in Massachusetts as a condition of employment or continued employment.
Volunteering –If the app contains a place to list prior employment, a sentence must be included stating that verified work on a volunteer basis may be listed.
Criminal Records – With certain Read More...