Legal Questions & Answers

States Highest Court Rules that Real Estate Agents can be Treated as Contractors, but Leaves Substantial Questions Unresolved

In a major decision that impacts a huge number of Massachusetts businesses, the state’s highest court today affirmed the concept that real estate salespeople may properly be classified as independent … more


Searches for Reasonable Accommodations Require Good Faith from Employer and Employee Alike

When it comes to reasonably accommodating employees with disabilities, the process of determining what can be done is a two-way street, at least at the federal level. So says a … more


New Minimum Wage Takes Effect

The first phase of Massachusetts’ new state minimum wage law is now in effect. As of January 1, all employees in the Commonwealth must be paid at least $9 per … more


Voter Initiative Leads to New Sick Leave Rights for All Massachusetts Employees

Passage of the sick leave law by voters on November 4 will have tangible effects on virtually all Massachusetts employers. Though the statute might not require companies that already have … more


Former Teacher to Keep Pension Despite Child Pornography Conviction

Despite pleading guilty to buying and possessing child pornography, a former 9th grade science teacher, coach and sports referee for the Amherst-Pelham regional school district will keep his retirement benefits. … more


Meal Breaks: To Pay or Not to Pay?

Paying employees the wages they are due for their work is, conceptually, at least, a pretty straightforward matter. Working 8 hours, e.g., results in 8 hours of pay, less time … more


Whistle Blowers and Massachusetts Law

When an employee decides it’s time to blow the whistle on employer misconduct or that of a fellow worker, employees are well advised to do a bit of homework first. … more


Appeals Court Sets Standard for Holding Managers Liable under Wage Act

The Massachusetts Court of Appeals recently shed a bit more light on what’s required to hold managers of a corporation liable for an employer’s failure to pay earned wages to … more


SJC Settles Wage Act Question: LLC Managers are Liable just like Anyone Else

In a decision that many employment lawyers saw coming, the Supreme Judicial Court declared on June 13 that managers of  limited liability companies are personally liable under the Massachusetts Wage Act if … more


When Can Employers Use Independent Contractors to Perform Work in Massachusetts?

The conservative answer to this question is “never.” Under Massachusetts law, the use of independent contractors is severely restricted. In a classic example of what many consider legislative overkill, the law assumes all workers are … more