Arbitration is an increasingly popular and often cost-effective way to avoid protracted litigation in court, however whether they are equitabile is subject to great debate. Arbitration provisions are increasingly being considered by employers for inclusion in employment contracts relative to disputes between employers and employees. There is much controversy between worker’s advocates and management lawyers as to whether such provisions are fair…
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Developments in the Dynamic World
of Business and Employment Law
The Federal Statute commonly referred to as “COBRA” (the Consolidated Omnibus Budget Reconciliation Act of 1985), gives employees who lose their group health benefits the right to continue benefits at their own cost. COBRA only covers workers whose employers have twenty or more employees. However, the Massachusetts “Mini-COBRA” statute (M.G.L. c. 176J § 9) extends that right to Massachusetts employees…
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We are proud to announce that in the May 28, 2012 issue of Massachusetts Lawyers Weekly, Bennett & Belfort, P.C. partner David E. Belfort was quoted in Dan McDonald's front page article entitled "Bar Expects Fallout from Cori Reform”. The final provision of the August 2010 CORI (Criminal Offender Record Information) reform law officially went into effect on May 4th, 2012. …
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We are pleased to announce that on May 24, 2012, Bennett & Belfort, P.C. attorney David E. Belfort was quoted in the newspaper, The Boston Herald, in an article entitled "Marylou’s hit with discrimination inquiry: Coffee house chain bitter over federal ‘witch hunt.’" In the context of an EEOC investigation into the coffee shop chain, Marylou's, Mr. Belfort was asked by the reporter to opine on…
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Two recent Massachusetts Superior Court decisions have refined the considerations used to examine the enforcement of non-compete agreements, and whether a material change in one’s employment status is a valid defense. When evaluating non-compete agreements, no two situations are exactly alike and therefore the analysis is individualized and fact intensive. In Grace Hunt IT Soutions v. SIS Software, LLC, (Suffolk Superior…
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A recent Massachusetts Appeals Court ruling highlights the importance of negotiating and drafting applicable damages provisions in commercial lease contracts. When possible, landlords must seek a well-drafted liquidated damages provision in each commercial lease agreement, providing for the landlord’s ability to accelerate rent for the balance of the lease term in the event of a tenant default. Conversely, tenants will want to eliminate…
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We are pleased to report that on April 9, 2012, Bennett & Belfort, P.C. attorney David E. Belfort served as an invited speaker in Massachusetts Continuing Legal Education, Inc.’s (“MCLE”) conference entitled ‘Employment Case Law, Legislative Developments & Trends Update 2012.’ Attorney Belfort’s presentation focused on evolving trends and developments in employment law for the past year in the areas…
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Pregnancy discrimination involves the disparate (different) treatment of a female applicant or employee because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The federal Pregnancy Discrimination Act (“PDA”) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and…
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