Recently two very different situations crossed my desk: an executive offered a new stock option scheme; and a manufacturer concerned about the lack of contractual relationships with their distributor/sales representatives. Both situations emphasize the need and importance of properly drafted contracts and a “total review” of their interaction with other arrangements; with the executive, what… Continue reading »
Feb
09
A Firm Decision: Returning to the Practice of Law
I am well past the days of sippy cups and Cheerios; even the days of Little League games and surviving kids’ frenetic birthday parties are in the rearview mirror. With two young men launched, I am facing just one more high school graduation, and one more college application challenge. So, the time has come for… Continue reading »
Oct
27
Voting
Years ago, my mother would proclaim that in Chelsea, her home town, they would declare: “Vote early, and vote often!” This year, on October 26th, I voted early. Massachusetts’ foray into early voting stems from a 2014 law, which stipulated that all municipalities must have at least one voting location open during business hours ahead… Continue reading »
Sep
27
Misclassifying Workers as Independent Contractors
Massachusetts has one of the most employee-friendly independent contractor laws in the United States. Under the Massachusetts Independent Contractor Law, which is also stricter than federal law, Massachusetts General Laws, Chapter 149, Section 148B, a worker will be considered an employee unless the employer can show that all three prongs of the independent contractor test… Continue reading »
May
26
“Safe Harbor” Rule for Massachusetts Paid Sick Time Law
Massachusetts voters, on November 4, 2014, approved Ballot Question 4, “Earned Sick Time for Employees.” The new law, which goes into effect on July 1, 2015, requires all private employers to provide employees with up to 40 hours of sick leave during each calendar year. The law requires this paid sick leave for all employers… Continue reading »
Sep
21
Growing Use of “Independent Contractor” Label Creates Dangers for Businesses
As the economy continues to struggle, many businesses are relying more and more on independent contractors, and avoiding hiring new employees. Economically, the use of independent contractors offers a number of advantages over hiring traditional employees. Among other things, businesses can avoid paying overtime, payroll taxes, employment and worker’s compensation insurance and Social Security. While… Continue reading »
Feb
24
How to Know if You Have Been Constructively Terminated
Constructive Termination occurs when an employer renders an employee’s working conditions so difficult and intolerable that a reasonable person would feel forced to resign. An employee that has been constructively terminated may be entitled to recover lost wages and other damages suffered as a result of the termination. In determining whether an employee has been… Continue reading »
May
05
Civil Rights: Don’t Be Penny-wise and Pound Foolish
It is no secret that, in today’s economy, businesses of all sizes, and in all industries, are experiencing layoffs and cutting costs, particularly their discretionary expenses. The same is true for landlords, who are faced with more than the usual number of evictions. In taking these necessary actions, however, both employers and landlords should be… Continue reading »
Feb
05
Avoid Ambiguity in Compensation Agreements
Several recent cases involving the Massachusetts Wage Act highlight the importance to employers of using clear, written and consistently applied compensation plans. As the cases make clear, the failure to do so can have serious financial repercussions. In a 2007 decision, Okerman v. VA Software Corp., the Appeals Court held that the Wage Act applies… Continue reading »
About Our Law Firm
Proactive Consultation and Advice
Konowitz & Greenberg, P.C. is not your average law firm. Our unique approach to law both protects individual and corporate clients in the event of law disputes, as well as provides proactive consultation and advice to clients as they plan for success in their business and personal lives.
