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Category Archives: Business Litigation

Massachusetts Wage and Hour Laws: Minimum Wage

By The Jacobs Law LLC |

Determining how much to pay your employees can be difficult. On one hand, you want them to be happy and able to support themselves; on the other hand, you want to keep as much of the profits as possible. Luckily, the law provides some sort of guidance. The Fair Labor Standards Act (FSLA) of… Finish Reading Massachusetts Wage and Hour Laws: Minimum Wage

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Massachusetts Wage and Hour Laws: The Workweek

By The Jacobs Law LLC |

The first installment in this series is about the “workweek.” The Fair Labor Standards Act (FLSA) describes the workweek as “a recurring period of seven consecutive 24 hour periods” that can begin on any day of the week. This “work week” is fixed, as well as independent of the actual hours worked by the… Finish Reading Massachusetts Wage and Hour Laws: The Workweek

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The Risk of “Phantom Income” as a Small Business Owner

By The Jacobs Law LLC |

Phantom income occurs when there is revenue that is reported to the IRS by an entity for tax purposes, but the entity or the individual never actually receives any income.  For “pass-through” entities, where income and subsequent losses are passed through to the owners of the company (as opposed to the entity itself), this… Finish Reading The Risk of “Phantom Income” as a Small Business Owner

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Is my DocuSign Signature Enforceable?

By The Jacobs Law LLC |

Electronic signatures are becoming increasingly more popular as technology evolves and people are looking for ways to become more efficient. The idea of being able to type your name into a computer instead of having to sign a physical document and send to different parties is very appealing, as it saves time, money, and… Finish Reading Is my DocuSign Signature Enforceable?

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cashmoney-web

The Reason Why Your Small Business’s Assets Are Protected Best By Local Banks

By Travis Jacobs |

Most small-business owners in Massachusetts understandably maintain accounts at nationally recognized and reputable banks. However, clever business litigation lawyers would suggest small- businesses avoid these types of accounts. During litigation, both parties focus on winning arguments and having courts rule in their favor. Unfortunately, lawyers who have experience winning judgments quickly learn that winning… Finish Reading The Reason Why Your Small Business’s Assets Are Protected Best By Local Banks

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Three Shocking Pitfalls for Condominium Developers

Three Shocking Pitfalls for Condominium Developers

By Travis Jacobs |

In Massachusetts the appeal of condominium ownership continues to grow. Both the Warren Group and the Massachusetts Association of Realtors reported that in March of 2018 the median sale price of a condo was significantly greater than that of a house. This median sale price has grown 16 to 20 percent compared to a… Finish Reading Three Shocking Pitfalls for Condominium Developers

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Businesses and Employers should use caution when terminating an employee

Massachusetts Court Kicks Non-Compete Breach Suit to California

By Travis Jacobs |

The case discussed here is a fact pattern that has come through The Jacobs Law previously. A California employer with multiple offices throughout the United States has an employee who works in California and enters into an employment {contract, agreement} that contains a {non-compete, non-competition} provision. However, California has essentially banned {non-compete, non-competition} restrictions on employees… Finish Reading Massachusetts Court Kicks Non-Compete Breach Suit to California

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liability for third party harassment

Uber’s Legal Issues Are Not Unique

By Travis Jacobs |

…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could be. In many ways, Uber is a model of business success.  However, in the last few years Uber has been subject to class action wage and salary lawsuits (unpaid overtime, misclassification of workers) in… Finish Reading Uber’s Legal Issues Are Not Unique

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unpaid overtime claims

Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

By Travis Jacobs |

Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining the forum for wage act cases. The 1st Circuit Court of Appeals recently concluded in Cossart v. United Excel Corporation, et al., that a federal court in Massachusetts could exercise personal jurisdiction over a Kansas… Finish Reading Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

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Independent Contractor Statute

Massachusetts Sick Time Complaints Have Begun to Roll In

By Travis Jacobs |

The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months ago on July 1, 2015. As predicted, the latest wave of ‘wage and salary’ type complaints and lawsuits in Massachusetts are trickling in to my plaintiff-lawyer colleagues. Do not underestimate the consequences of failing to… Finish Reading Massachusetts Sick Time Complaints Have Begun to Roll In

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