The Massachusetts Wage Act

Posted on November 28, 2012 by Larry
The Massachusetts Wage Act seeks to enforce employee’s right to receive any and all unpaid wages they have earned. It is a strict liability statute and, once a case is filed in court if a violation is proven, the law provides mandatory triple damages and attorneys’ fees. Mass. Gen. Laws Ch. 149, § 150. Wages are defined as: periodic salary or wages earned while employed for a specified period of time holiday pay vacation pay "definitely determined commissions" The Wage Act applies to various kinds of earned and regularly paid compensation so one should not assume that any kind Read More...
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Choice of Business Entity: LLC v. S-Corp v. C-Corp.

Posted on October 1, 2012 by Larry
When starting a business, or changing it from a sole proprietorship or partnership,* there are many things for the owner(s) to consider in their choice of entity. They range from tax treatment, to the future sale of the business, to the cost of setting it up and maintaining it. In the past, we have discussed how important the corporate shield (or veil) is in protecting your personal assets. Your choice of entity will help accomplish this protection. When choosing an entity, owners create a separate legal person and incorporate their business (often as an S – Corp, but sometimes as a C - Corp) Read More...
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The VPA: Asset Protections Part II

Posted on August 29, 2012 by Larry
In the first of our two-part series, we talked about certain protections for profit corporations.* Today we review the considerably greater protections for volunteers, including volunteer officers and directors serving non-profit, charitable corporations under the VPA. The doctrine of the Corporate Shield (or Veil) protects those owning interests in for profit Corporations, and those in the positions similar to owners (e.g. members and directors, involved in charitable corporation), but in a non profit, there are greater protections down to the employees. We are not discussing those in paid positions Read More...
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The HR Dilemma: Best Hiring Practices Part 1

Posted on August 27, 2012 by Larry
HR professionals or other hiring managers need to have best practices in order comply with employment laws, one of the most complex legal areas. The dilemma is that poor decisions may impact a company for years to come. Decisions that violate, or appear to violate, employment laws could lead to untold legal costs and/or liabilities. Controlling the hiring process saves time, money and anguish, so employers often look to internal candidates or employee referrals before “going public.” That is why we bring you this first part in a new series on best hiring practices. For certain positions, Read More...
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USERRA – Protecting our Protectors

Posted on August 13, 2012 by Larry
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is designed to help protect U.S. military personnel from discrimination that they may face in returning to their jobs. The law ensures that they: are not disadvantaged in their workplaces because of their service; are quickly reemployed and restored to their former jobs on their return; and are not discriminated against due to any past, present, or future military service. A recent USERRA case stated that the defendant "must prove, by a preponderance of the evidence, that it would have terminated [the plaintiff] Read More...
Posted in Employment Law | Tagged , , | 2 Comments

Do you have an employment contract in Massachusetts?

Posted on August 1, 2012 by Larry
Defining a contract is easier than determining if  circumstances constitute proof of one. A contract is an agreement  made voluntarily by two or more parties intending to create a legal obligation(s) and paying consideration. They are often in writing, though many are oral. In deciding that there was no contract defining the right to a bonus for a former CIO, the Federal District Court of Massachusetts this July 2012 reviewed contract law. Cooper v. Kenexa Technology, Inc.  (USDC) (Civil Action No. 10-12189-DJC) (July 19, 2012). To prevail on a breach of contract claim under Massachusetts law,  Read More...
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The Strange Laws of Massachusetts from Witches to Dueling

Posted on July 27, 2012 by Larry
Massachusetts is home to some strange laws, perhaps due to a Puritan past. While no one enforces them any more, for fun, I thought that we would look at some. Spitting G.L. c.270 section 14 says that spitting on a sidewalk is an offense worthy of a $20 fine. Breaking and Entering and Poultry G.L. c.266 section 22 provides that if someone illegally breaks into a building  containing live poultry, the owner may detain them for up to 24 hours (excepting Sunday). Dueling G.L. c.265 sections 3 and 4 state that it's only murder if you mortally wound someone in a duel outside of Read More...
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Wrongful termination: are you a victim?

Posted on July 24, 2012 by Larry
If you believe you are the victim of wrongful termination (discrimination, whistleblower, retaliation, breach of contract, etc.), there are certain steps you should consider taking immediately. The following is general information and you should not rely on it for your individual circumstances; CONSULT OUR OFFICE IF YOU THINK YOU HAVE A CASE BECAUSE DETAILS MATTER AND THERE ARE EXCEPTIONS. First, you have a duty to find another job, so starting the job search and documenting it is essential. Your local library is an excellent source for materials on job hunting. Second, you should apply Read More...
Posted in Employment Law | Tagged , , | 8 Comments

The Corporate Shield: Asset Protections Part I

Posted on July 9, 2012 by Larry
This is the first part about For Profit Companies and with a second about Not For Profit Corporations focused on avoidance of claims reaching personal or other entities' assets. Business owners who are incorporated or LLCs or considering those protections need to know the rules. So do individuals who are Officers, Directors, or Volunteers of Not for Profit Corporations. What is the Corporate Shield (or Veil)? If properly advised, a single business or one with separate locations or activities can be set up with one or more separate corporations or LLCs for each. This is to protect the entities Read More...
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Don’t Let the Cat’s Paw Claw You!

Posted on June 8, 2012 by Larry
Sometimes employers suspect that an otherwise valuable manager has given biased advice in recommending firing an employee. In the case when you, your HR department, or a supervisor thinks that trouble lies ahead in taking that advice, they must consider the Cat's Paw Legal Doctrine. Based on a fable about a monkey getting a cat to pull its chestnuts out of a fire, it states that liability for discrimination exists where the nominally independent decision maker is influenced by others with prejudice, and adopts their views with no exercise of judgment. Staub v. Proctor Hospital, 131 S.Ct. 1186 (2011) In Read More...
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