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…
Complying with Massachusetts’ Personal Data Security Law
In 2010, Massachusetts passed a comprehensive data security law and related regulations which must be complied with by all businesses that maintain “personal information” of its employees, customers, or vendors, etc. The law and its attendant regulations impose minimum standards for safeguarding personal information contained in both paper and electronic records. The law and the…
Criminal Record Check Provisions
In May 2012 there was a change in the manner in which Massachusetts employers may obtain, use, and retain the Criminal Offender Record Information (CORI) they receive on employees and prospective employees alike. This was the next implementation aspect of the Massachusetts CORI legislation that was enacted in the summer of 2010. Under the CORI…
Decriminalization of Recreational Marijuana and the Workplace
In 2016, the voters in Massachusetts decriminalized recreational use of marijuana. The law took effect on December 16, 2016. In light of the recreational marijuana use law, employers have three common questions: The short answer to the first two questions is “none.” The decriminalization of marijuana for recreational use by persons twenty-one and over has…