Pushing Back on Proposed ACA Penalties
A significant number of 226-J Letters sent to large employers contain material errors. Don’t cut the IRS a check unless you’re sure the ESRP penalty being proposed is actually due. WHAT IS A 226-J LETTER? As part of the Affordable Care Act (“ACA”), large employers are required to offer at least 95% of their full-time…
Civil Litigation Basics 5 — On the Front Lines – Trial Begins
This is the fifth article in a series on the basics of the civil litigation process. If you are interested in reading the first four installments, they are available on Fletcher Tilton’s website under the Knowledge Library. Preparing for Trial As discussed in earlier installments, the civil litigation process involves an assertion of claims by…
Civil Litigation Basics 4 — Negotiating an Armistice – Alternative Dispute Resolution and Settlement
This is the fourth installment in a series about the basics of the civil litigation process. If you are interested in reading the first three installments, they are available on Fletcher Tilton’s website under the Knowledge Library. An Introduction to ADR As we discussed in the first article of this series, civil litigation at its…
Civil Litigation Basics 3 — Rolling Out the Big Guns: Expert Witnesses
This is the third installment in a series about the basics of the civil litigation process. If you are interested in reading the first two articles, they are available on Fletcher Tilton’s website under the Knowledge Library. Fact vs. Opinion Testimony At trial, witness testimony can essentially be broken down into two categories: fact testimony…
Civil Litigation Basics 2 — Surprise Attacks Discouraged – Discovery Practice
This article is for those who are beyond the point of avoiding litigation and find themselves preparing to navigate the often-treacherous waters of a civil action. Discovery Generally Certain examples from pop culture– such as Mona Lisa DeVito being called as an 11th hour expert witness in the classic film My Cousin Vinny, and saving the…
Changes to Exempt Employee Law and Massachusetts Minimum Wage: What Employers Need to Know for 2020
As all employers know, employees fall into one of two distinct categories: nonexempt hourly paid, and exempt salaried. The distinction between these two classifications is that nonexempt employees must be paid overtime for all hours worked beyond forty in a workweek, while exempt employees do not receive overtime regardless of how many hours they work….
Civil Litigation Basics 1 — First Shots Fired – Filing of Suit and Initial Pleadings
In earlier publications, my colleagues have written about best practices to avoid civil litigation. Those articles are available on Fletcher Tilton’s website under the Knowledge Center, and I recommend giving them a read. The purpose of this series is to provide some basic information for individuals or businesses that find themselves beyond the point of…
A Quick Look at the Rigid Massachusetts Independent Contractor Law
Small and large businesses alike often prefer to hire “Independent Contractors” rather than “Employees.” While the reasons for wanting to do so are numerous, one of the primary motivators for businesses is the fact that these workers are not entitled to accrue benefits such as health insurance, vacation, paid sick time, and unemployment compensation, among…
Any Bargaining Obligations with Unions Over New D.E.S.E. Retell/Certification Requirements?
In December 2012, the Commissioner of the Massachusetts Department of Elementary and Secondary Education (DESE), Mitchell D. Chester, Ed.D., detailed the new and somewhat extensive RETELL (Rethinking Equity and Teaching for English Language Learners) – Sheltered English Immersion endorsement and the related professional development requirements. The endorsement and PDP requirements directly impact affected teachers license…