Manager Notes

Ed. Note: The relatively recent passage of the health care act has focused attention on how far Congress can go to regulate local activities through the interstate commerce clause. Perhaps the broadest application of this clause is the Fair Labor Standards Act (FLSA) which extends...

How enforceable the change will be is open to question because employees cannot sue employers who violate the notification requirement. Others complain the law is burdensome, unclear and could cause undue labor relationship issues by exacerbating minor performance...

Ed. Note: As you know, we ll occasionally look at where the law is going in other jurisdictions for hints on where the law may be going in the United States. This is especially true in the area of employment law where international unions are frequently pressing for changes...

The "prompt pay bill" goes into effect in November and changes the payment responsibilities of parties in most largescale commercial and residential construction projects. The law severely restricts the ability of owners and general contractors to use a payifpaid clause to withhold...

Some employers are exempt, including banks, insurance companies, law enforcement and government agencies that require the use of credit history. The law also exempts job positions where a credit history is a bona fide occupational requirement, such as where...

A recent Massachusetts Supreme Court decision reaffirms Massachusetts employers are not required to monitor the offsite conduct of workers. The court held a nursing home could not be held responsible for injuries sustained by a pedestrian struck by the...

The Massachusetts Legislature has passed a law changing the Criminal Offender Register Information (CORI) system used by employers to access the criminal histories of job applicants. Here are the key provisions affecting employers.

Any employee with a childcaring role is has parental rights to family leave under the Family and Medical Leave Act regardless of biological relationship to the child according to the US Department of Labor.

Massachusetts business buyers may be surprised to learn courts may require them to continue to invest in the business after the purchase if the contract includes an earnout for the seller based on future results. This is true even when the contract says nothing about it.

An engineering firm designed a milliongallon water tank. The tank manufacturer sued it after it incurred substantial costs to remedy damage to the tank. The engineering firm counterclaimed, contending any liability on its part was precluded by a contractual indemnity clause binding...

Continuing its recent trend of inserting whistleblower protections in significant legislation that impacts public health and safety, Congress included whistleblower and retaliation protections in the recently enacted comprehensive health care legislation signed by...

A former employer sued an exemployee for misappropriation of trade secrets. The employee had worked for the employer for several years and during his employment signed two noncompetition covenants. After leaving, he and an owner of one the former...

TI and Tiffany and Company (collectively "TI") sued eBay for trademark infringement and related claims. After a bench trial, the lower court concluded that eBay had not engaged in trademark infringement, dilution, or false advertising. The 2nd Circuit affirmed the judgment with...