As the economy continues to sputter along, both federal and state taxing agencies have been aggressive in pursuing businesses that misclassify workers as ‘independent contractors’ rather than ‘employees.’ Taxing authorities and government coffers are deprived of valuable revenue when businesses misclassify employees as independent contractors. For employees, businesses are required to pay payroll taxes, workers compensation insurance coverage, social security,…
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Developments in the Dynamic World
of Business and Employment Law
The Massachusetts Attorney General’s office (“AG”) recently announced that it had entered a consent judgment with Briar Group, LLC, a restaurant operator, due to Briar’s 2009 release of patron credit card information at the hands of computer hackers. Briar was notified of its data breach on October 29, 2009, but did not remove the ‘malware’ from its network until December…
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The Demoulas saga continues in Massachusetts. This ugly family feud has kept dozens of lawyers, the courts and even the bar licensing authorities busy for many years. In this newest skirmish, a superior court judge has ruled that minority shareholders do not owe a fiduciary duty to the corporation when selling their stock even though by selling their shares the…
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We discussed the general standards for enforcing non-compete agreements in a prior blog post. A recent decision from the Plymouth Superior Court highlights the fact-specific nature of the analysis in evaluating the enforceability of a non-compete agreement, and reinforces the risk to employees who carelessly enter such agreements with an employer. The Defendant, Daniel McKinnon, took a hair stylist position…
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If you sign a contract in Massachusetts, the New England Patriots may be largely responsible for the enforceability of certain damages provisions set forth in the agreement, known as a “liquidated damages clause.” Liquidated damages clauses are designed to represent a reasonable forecast of damages expected to occur in the event of a breach, particularly where actual damages are difficult…
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In a Massachusetts Superior Court decision, issued at the end of 2010, Charm v. Kohn, 27 Mass. L. Rptr. 421, 2010 WL 3816716 (Mass. Super. 2010), the Court ruled that an email that a client intended to send only to his lawyer, but which was accidentally sent to opposing counsel, was not admissible evidence. However, the Court warned that such…
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Due to a recent shift in the judicial interpretation of the Massachusetts Home Improvement Contractor law, M.G.L. c. 142A (“the Act”), homeowners will no longer be able to recover triple damages and attorney’s fees for mere technical violations of the Act by a contractor, where those technical violations do not cause harm to the homeowner. The Act was designed to…
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In a decision issued late last year, the Supreme Judicial Court (SJC) ruled that guidelines issued by the Massachusetts Commission Against Discrimination (MCAD) do not have the force of law. Global NAPs, Inc. v. Awiszus, 457 Mass. 489 (2010). The Guidelines have widely been used by attorneys, workers, and employers to understand the scope and meaning of laws enforced by…
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