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.
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”).
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.
Your company holiday party comes with potential legal liability. While you can never eliminate all potential liability, you can minimize your risk.
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.
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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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.