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Category Archives: Business Litigation

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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CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

By Travis Jacobs |

The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was instead an employee. While the decision only involves the claims of one former driver of the ride-sharing startup, it could have a rippling affect through not only Uber and its on-demand ride competitor Lyft,… Finish Reading CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

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Arbitration Firms Hold Awards Hostage

By Travis Jacobs |

Arbitrator/arbitration firm fees can be hefty. Typically, both parties are responsible for 50% of the fees incurred. But when a party fails or refuses to pay their share of the fees after the arbitration hearing but before the award is issued, the other party may be forced to double down; resulting in a gamble that may very well do more harm than good. Finish Reading Arbitration Firms Hold Awards Hostage

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Employer is Liable to Employee for Harassment by Non-Employee

By Travis Jacobs |

Remember the good ole’ days when an employer only had to worry about liability for its own employees harassing its other employees? Well, those days are gone forever. Recent federal and Massachusetts case law demonstrates without a doubt that employers are liable to their own employees who have been subjected to harassment by non-employee third parties. Of… Finish Reading Employer is Liable to Employee for Harassment by Non-Employee

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mediations and arbitrations

Pitfalls For Startups – Memorializing Co-Founder Intentions

By Travis Jacobs |

Business insiders and investors are well aware of the astronomical sums that many high-tech startup companies have been purchased for recently. Judging by headlines, it seems as if $1 Billion is the going rate for the acquisition of any hot new mobile app these days. Just look at Facebook’s acquisitions of Instagram (roughly $1… Finish Reading Pitfalls For Startups – Memorializing Co-Founder Intentions

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Boston Businesses & Beyond, Beware – Overtime Laws Are Changing Again!

By Travis Jacobs |

Boston-based businesses and beyond should be aware, be very aware – the federal government is changing overtime laws again! Revisions to what is titled the Federal Labor Standards Act (or FLSA) are expected to take effect by the end of next year. For small and mid-sized employers today, that may mean rethinking that new… Finish Reading Boston Businesses & Beyond, Beware – Overtime Laws Are Changing Again!

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MA Legislature Excludes Non-Compete Provisions From Economic Development Bill

By Travis Jacobs |

Business owners concerned about the invalidation of prior, existing and future non-compete {contracts, agreements, provisions} can relax, for now. But the threat of elimination of non-competes is still very much an ongoing reality. You may recall that this past spring Massachusetts Governor Deval Patrick had proposed a law that would have mostly invalidated non-compete… Finish Reading MA Legislature Excludes Non-Compete Provisions From Economic Development Bill

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Protecting Your Online Business Reputation

By Travis Jacobs |

For most small business owners, {consumer, user, business} review websites like {Yelp, Angie’s List, Google+ Local, OpenTable.com} are critical for establishing and maintaining a good business reputation.  For consumers, these websites are the go-to tool for researching the local businesses where they will spend their money and to voice their opinions (good and bad)… Finish Reading Protecting Your Online Business Reputation

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Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement

By Travis Jacobs |

Recent Court Ruling Identifies How a Social Media Profile May Violate a Non-Compete or Non-Solicit Agreement Many business owners and their employees, such as a sales representatives, consultants and account managers, regularly use their personal accounts on social media websites like Facebook, Twitter, and LinkedIn to promote their business, identify sales leads and communicate which existing… Finish Reading Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement

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