BREAKING DOWN THE NLRB’S NEW JOINT-EMPLOYER RULE
On February 26, 2020, the National Labor Relations Board (NLRB) issued a final rule clarifying the standard for determining joint-employer status under the National Labor Relations Act (NLRA).
SEE NO EVIL: CAN YOUR BUSINESS BE HELD LIABLE WHEN YOUR EMPLOYEES ENGAGE IN OR SIMPLY OVERLOOK SEX TRAFFICKING THAT OCCURS ON COMPANY PROPERTY?
A District of Massachusetts court decision from November of last year has helped to clarify the liability that employers can face for illegal sex trafficking that occurs on company property.
BUSINESS OWNERS AND PARTNERS SHOULD BE PARANOID
Fox Moulder’s motto was “Trust No One.” Lawyers can understand this paranoia. Divorce lawyers know spouses cheat. Criminal lawyers know clients steal (and worse). You should know that your business partners and key employees that you trust the most can betray you.
NO GOOD AT GOODBYES: WHY EMPLOYMENT ATTORNEYS ARE IMPORTANT TO USE FOR CREATING SEVERANCE AGREEMENTS
Severance agreements, which are contracts between an employer and an employee that contain certain rules and guidelines for when an employee is terminated, may be regarded as somewhat of an afterthought by employers.
NEW RULING FROM MASSACHUSETTS APPEALS COURT SHOWS THE IMPORTANCE OF LLC OPERATING AGREEMENT LANGUAGE
How do Limited Liability Company Operating Agreements affect the fiduciary duties owed to co-Members of the LLC? That issue was decided in the case of Butts v. Freedman, which also involved Boston Equity Advisors LLC (“BEA”) and Outcome Capital, LLC (“Outcome”).
PRIME MOTOR GROUP SPLIT SHOWS TACTICS USED BY MAJORITY OWNERS AGAINST MINORITY OWNERS
A day after I posted my blog on LLC breakups, the Massachusetts Supreme Judicial Court (“SJC”) issued a ruling regarding the break up of Prime Motor Group partners, Automile Holdings, LLC v. McGovern, __ Mass. __ (Jan. 14, 2020).
BREAKING UP IS HARD TO DO: ENDING YOUR LLC MEMBERSHIP INTEREST BY SALE, RESIGNATION, DISSOLUTION OR OTHERWISE
What do you do when you are a minority or 50% owner and the other owner(s) are not treating you fairly? Maybe the other owner is taking an unfair salary, employing family members, or otherwise manipulating the system to take economic advantage of the situation.
HAVING A COMPANY HOLIDAY PARTY? HAVE FUN, BUT DON’T GET SUED.
Your company holiday party comes with potential legal liability. While you can never eliminate all potential liability, you can minimize your risk.
SHOULD A SINGLE-MEMBER LLC HAVE AN OPERATING AGREEMENT?
When you have more than one Member in your Massachusetts Limited Liability Company, having an Operating Agreement is almost a must. Called an “LLC Agreement” in some states, an Operating Agreement is a formal legal document that sets forth the rights and duties of Members and Managers, including financial issues and working relations.
WHAT HAPPENS TO SALES COMMISSIONS NOT YET PAID WHEN THE EMPLOYEE QUITS OR IS TERMINATED?
Disputes over sales commissions are often the subject of litigation. The stakes are high. Under the Massachusetts Wage Act, a commission can be considered wages. Failure to pay wages can result in liability for triple damages, payment of the employee’s attorney’s fees, litigation costs, and 12% interest.
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ADAM’S RECENT POSTS
Legal Representation for Executives, Professionals or Managers Who Have Been Terminated
Losing your job is one of the most difficult things a person can go through. As someone who has been working in employment law for over 25 years, I can tell you that this is especially true for executives, professionals, and other high-level employees. If you have...
OUT OF STATE LLC’S MUST REGISTER IN MASSACHUSETTS
If you are a “foreign” Limited Liability Company, such as a Delaware LLC, you must register in Massachusetts if you do business here. See Mass. Gen. Law c.156C, §54. That’s not difficult, but it does take a bit of effort and yearly filing fees. You must also have a...
COVID-19 AND LAW PRACTICE
It’s been a crazy ride for several weeks. In some ways, the practice of law is the same. In some ways, it’s different. Sometimes it just feels different. In spite of the photo, I've been able to work in my satellite office and have been the only one here....
GET READY FOR A DIFFERENT WORLD FOR YOUR BUSINESS WHEN THE PANDEMIC IS OVER.
Private businesses will be back. It has to be. By definition, entrepreneurs are resilient and versatile. If your business is closed or running a skeleton operation, this is the time to think about how the world will be changed when things get back to “normal.” I...
MAKE THE BEST OF THIS DIFFICULT TIME WHEN YOUR BUSINESS IS CLOSED OR SLOWED
If your business is either closed or running a smaller operation, now may be the time to step back, do some planning, and get your “house” in order. It’s a good time to evaluate your focus and your customer base. Do 80% of your revenues come from 20% of your...
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No attorney-client relationship is established by your use of this site. You must not send or share any confidential information about you or any legal issue without Attorney Whitney's express written permission. The content of this website may be considered advertising for legal services under the laws and rules of professional conduct. The content does not constitute legal advice. The content is for information purposes only. Legal advice cannot be provided unless you hire my firm and we perform a full review of the legal matter and the most current, applicable law. The law in your state may be different than Massachusetts, so the information in the content may be completely irrelevant if you are outside of Massachusetts.