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Part 2: Understanding potential liabilities associated with alcoholic consumption at employer-sponsored events and what to do about it. While an employers potential liability for injuries caused by employees who consume alcohol at company holiday functions varies from state to state, possible t...

PART 1: A CHECKLIST TO HELP EMPLOYERS AVOID THE LEGAL RISKS PRESENTED BY EMPLOYER-SPONSORED HOLIDAY PARTIES. The holidays are here and office merriment is beginning as we now enter the holiday season. Your company is now focused on the preparation and details of the upcoming big holiday office p...

Franchising Essentials Interested in franchising? First think about the cost , said David S. Katz, head attorney at Westborough based David Katz Law Group, who represents both franchisors and franchisees. “They've got to realize that it is a significant investment,” Katz said. That means get a...

Where a plaintiff has brought suit claiming to be owed money under an agreement to finance construction equipment, a judgment for the plaintiff is appropriate despite the defendant's claim that the plaintiff 's agents negotiated a new agreement. Credibility issue“The plaintiff, Wells Fargo Equip...

Where a plaintiff, having brought suit alleging that a television rented to the defendants was stolen as the result of negligence on the defendants' part, has moved to stay the proceedings pending arbitration, the motion must be allowed because the arbitration agreement is not void on public poli...

The Commonwealth of Massachusetts known for its progressive public school systems is now facing the wellpublicized deaths of two students as a consequence of systematic public school bullying. Both Carl Joseph Walker-Hoover an 11 year old African-American student at the New Leadership Charter Sch...

Apparance based lawsuits are becoming more prevalent in today's workplace. The latest national survey by the Employment Law Alliance reveals a nation deeply divided over regulating appearance in the American workplace-from weight to clothing, hairstyles to body piercing. Even as this debate inten...

This Flu Season Will Be Nothing To “Sneeze” AboutAs The Return Of The Swine Flu Raises Its Ugly Head. United States health officials are preparing intensively to combat an anticipated wave of outbreaks of the Swine or H1N1 flu this coming autumn. At present, the number of confirmed swine flu cas...

What an employer can reasonably expect when allowing an employee to usea messaging device supplied by the employer when the employee is “sexting.” Millions of Americans have used them to vote for their favorite “American Idol” candidate. Colleges and universities use them to inform students of s...

AS EMPLOYEES MAKE THEIR MARK, EMPLOYERS ARE FORCED TO COVER THEMSELVES. When it comes to tattoos and body piercings the workplace norm has shifted over the last number of years. According to a mid-2010 Pew Research Center Study, 12 percent of the 18 to 29 year olds otherwise known as the “Millen...

It is getting weirder and weirder out there as the legal system tries to keep up with changing mobile technologies and uses of such technologies.  A California Court just ruled that fooling around with your phone's map app while driving ought to be as illegal as texting or using the device withou...

Most forms of workplace discrimination have been barred for years thanks to state and federal protections. But in 49 states around the country, there is still one that is legal: discrimination based on weight. Last week, Atlantic County Superior Court Judge Nelson Johnson ruled in favor of Atlan...

The internship has become an intricate part of the college and post-college experience these days. Many students, both as undergraduates and graduates, find that internships can very well serve as an entrée into a potential job or further develop a particular career path. But, if you are a for pr...

Get to Know your employees before they become your employees Employee background checks have become popular with companies and hr professionals. With a rise in liability against corporations for negligent hiring, employee backgrounds checks can be a cost-effectivve tool for addressing potential ...

I have been asked by several perspective employees seeking employment with firms in the Boston Metro West area as to why their employment contracts contain what is known as a “cupid clause.” That is that any romance with a co- worker is voluntary. By asking a perspective employee to confirm in w...

Some employers believe they can avoid paying employees for overtime, but doing so may come at a greater cost. Employers need to understand when their employees are owed overtime pay according to the law.  Here is what you need to know: Overtime Exemptions in Massachusetts lawUnder the Fair Labor...

Whether you're a small business or a large corporation, there are times that you may require the assistance of Independent Contractors. While you can't always hire everyone as an employee, there are things you should know in order to prevent a lawsuit from a freelance worker that feels they were ...

No one disputes that legislation that would give Massachusetts employees legal recourse if they're bullied at work is well intentioned. But is it practical? The bill, the Healthy Workplace bill, has elicited a largely chilly response from the business community. Opponents say that defining a beh...

In my first article of a couple of weeks ago, I outlined some of the broader issues as they relate to acceptance of employees wearing tattoos in the workplace and the balance that must be achieved to accommodate changes facing corporate cultures. Here are some ideas that will assist in helping em...

Tattoos used to be considered part of society's counterculture. It is probably a fair statement to say that for years, many people associated tattoos with gangs, bikers and other groups that were considered to be outside of the social center. Today, tattoos have gained wider social acceptance and...

Part II: Understanding potential liabilities associated with alcoholic consumption at employer-sponsored events and what to do about it. While an employee's potential liability for injuries caused by employees who consume alcohol at company holiday functions varies from state to state, possible ...

Part 1: A Checklist  to help employers avoid the legal risks presented by employer-sponsored holiday parties as it relates to employees The holidays are here and office merriment is beginning as we formally enter the holiday season. Your company is now focused on the preparation and details of t...