If you are a property owner, don't delay getting your shovels out this winter. Property owners are now obligated to take reasonable steps to keep their properties free of snow and ice, no matter the source. Since 1883, Massachusetts courts have consistently held that a property owner is only liable in negligence for failing to remove "unnatural" accumulations of snow…
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Developments in the Dynamic World
of Business and Employment Law
Massachusetts’ recent reform of the Criminal Offender Record Information (CORI) administrative procedures contains one widely-noted provision, the so-called “ban the box” rule, but contains a number of other new provisions that may have a significantly greater impact on the hiring process. The “ban the box” provision prohibits employers from requiring job applicants to disclose criminal offenses on written employment applications…
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The Massachusetts Appeals Court recently held in 11-227-10 Cummings Properties, LLC v. Cepoint Networks, LLC, et al.,(Appeals Court, November 19, 2010 ), that the guarantor of a commercial lease agreement who was not in possession of the property, could not be named as a party to a summary process (eviction) case. Summary process is an expedited eviction procedure that can…
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There is an interesting tension in the law between the rights of disabled tenants to receive additional process when they disturb their neighbors and the rights of neighbors and landlords to maintain an orderly living environment free of interference. Under federal and state law, landlords are prohibited from discriminating against qualified handicapped tenants because of their mental disability. Landlords may…
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The Massachusetts Legislature recently passed a comprehensive job-creation bill that contained a little publicized amendment substantially modifying the Massachusetts Personnel Record Law, M.G.L. c. 149 § 52C. Prior to this recent change, the law required employers with 20 or more employees to maintain written personnel records and make those records available to employees 5 days after written request. The recent…
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Bennett & Belfort is pleased two announce that two of our lawyers have been selected for inclusion in the 2010 edition of New England Super Lawyers. David E. Belfort has been named a Super Lawyer in the “Employment Litigation: Plaintiff” practice area for the fifth consecutive year. Michael L. Mason has been named a Rising Star in “Employment & Labor”…
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There has been significant recent debate regarding whether or not restrictive covenants, such as non-compete agreements between an employer and employee, should be enforceable in Massachusetts. Proponents of narrowing (or eliminating) the applicability of such covenants point to, among other arguments, the free market benefits of allowing employees to move fluidly between employers. Those favoring the current application of non-competition…
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United States District Court Judge Michael A. Ponsor recently found that Holyoke firefighters working well over 40 hours a week for the city could not collect overtime pay. In his 34 page decision captioned Lemieux, et. al. v. City of Holyoke, et.al. (Docket No. 08-CV- 30038 MAP), Judge Ponsor, sitting in Springfield, rejected the Firefighter’s argument that municipalities may be held liable for…
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