February 23, 2012

Client Updates

Employee Rights Under the NLRA

New National Labor Relations Board Rule Requires Employers to Post Notice Regarding Employee Rights Under the NLRA

On August 25, 2011, the National Labor Relations Board (“NLRB”) published a final rule which requires most private employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”).  Employers covered by the new rule must post the notice in a conspicuous place and provide basic NLRB contact information.

In addition to these basic provisions, the notice also informs employees of their rights to:

  • Organize a union and negotiate wages, work hours, benefits, and other similar benefits;
  • Discuss wages, and working conditions with co-workers or a union;
  • Join or form a union;
  • Bargain collectively;
  • Strike or picket under certain circumstances;
  • Raise work related complaints directly with the employer, a government agency, or a union; and
  • Elect not to join a union.

This posting requirement applies to almost all employers covered by the NLRA, which excludes agricultural, railroad and airline employers.  The posting requirements also do not apply to the United States Postal Service.  Certain limited exceptions exist for small businesses that do not meet certain minimum revenue guidelines, but these exclusions are very narrow and generally only apply to employer with less than fifty thousand ($50,000.00) dollars a year in revenue.

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Passage of the New Massachusetts Alimony Reform Bill

August 2011

Recently, the Massachusetts legislature passed the long awaited Alimony Reform Bill which is now awaiting signature by Governor Patrick.  Once Governor Patrick signs the bill into law, it will have significant impact on currently pending divorce cases and outstanding alimony orders in specific circumstances. Divorced couples will want to pull out their agreements with one question in mind – How does this law affect my alimony payment?   The bill  outlines the duration of alimony awards, prohibits the use of a second spouse’s income or assets in assessing an alimony award, sets a presumption that alimony will terminate upon attaining full retirement age, terminates alimony upon remarriage and certain cohabitation and considers child support in the determination of the amount of alimony.  The length of a couple’s marriage will now determine the length of time alimony is paid.  For marriages lasting more than twenty years, the courts may still have the ability to issue lifetime alimony awards but the courts are no longer required to issue lifetime alimony awards.

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New EEOC Regulations Substantially Expand Disability Impairments

May 15, 2011 | by Attorney Michael Doherty

The Equal Employment Opportunity Commission (“EEOC”) has recently released new regulations that provide guidance for interpreting which impairments qualify as a “disability” under the Americans with Disabilities Act Amendments Act (the “Act”).  Most importantly, the EEOC’s regulations create a new category of disabilities that will “virtually always” qualify as a disability.  According to the new regulations, the following impairments will “virtually always” be recognized as a disability:

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Massachusetts Homesteads – Getting to the answers

March 15, 2011 | by Attorney Jennifer Taddeo

For years, many Massachusetts homeowners have unknowingly let a valuable benefit go unclaimed — homestead protection. In Massachusetts, any homeowner could record a single-page document, pay a $35-36 county recording fee, and protect up to $500,000 of equity in their home. However, a homeowner who did not know about this law, or who failed to record such a document, had no protection.

On March 16, 2011, a new law will take effect, updating our homestead law and providing many needed improvements. Beginning that day, every homeowner in Massachusetts will automatically have protection of up to $125,000 of the equity in their home — the “automatic homestead exemption.” By filing a homestead, they can increase their protection to $500,000 — the “declared homestead exemption.” Those who already have a homestead in place do not need to record a new one.

Either type of homestead protects equity in a principal residence from any debt that was incurred after the date the homestead is recorded with the Registry of Deeds. Because the protection is tied to the date the homestead is recorded, it is generally best to keep an existing homestead with its earlier date of recording. If you refinance the mortgage on a principal residence, the law allows the existing homestead to remain in place, although it will not protect you from the claim the new mortgage company has on your home. The law also provides you with a limited time during which proceeds from the sale of your primary residence or insurance proceeds paid as a result of the destruction of a primary residence are protected as well.

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Criminal Offender Record Information Administrative Procedure Reforms

November 17, 2010 | by Massachusetts Commission Against Discrimination

Criminal Offender Record Information Administrative Procedure Reforms (PDF Version)

On August 6, 2010, Governor Deval Patrick signed into law Chapter 256 of the Acts of 2010, “An Act Reforming the Administrative Procedures Relative to Criminal Offender Record Information and Pre- and Post-Trial Supervised Release” (“CORI Reform”). Effective November 4, 2010, the Act prevents employers from seeking disclosure of job applicants’ criminal record information prior to the interview stage of the hiring process.1 This law is subject to two limited exceptions discussed below. The law, codified at G.L. c. 151B, § 4(9½) (www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter256), is enforced by the Massachusetts Commission Against Discrimination (MCAD).

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Snow Removal: Change in Law

November 1, 2010 | by Doherty, Ciechanowski, Dugan & Cannon, P.C.

Recent Massachusetts Supreme Court ruling holds property owners have legal obligation to shovel and treat snow and ice on property

With the end of summer and the record snowfalls of 2009 still a recent memory, a recent decision by the Massachusetts Supreme Court could have far reaching implications for your snow and ice removal plans this winter. On July 26, 2010, the Massachusetts Supreme Court overruled 125 years of legal precedent and held that all Massachusetts property owners are legally responsible for the removal of snow and ice from their property in the case of Papadopoulos v. Target Corp.

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3 Critical Documents Every College Freshman needs

September 15, 2010 | by Attorney Jennifer Taddeo:

College freshman everywhere are settling into their residence halls and high school seniors are eagerly anticipating being next. Moving on to college is an important milestone for young adults, but it is important not to lose sight of other turning points along the way as parents and students prepare for college. An important checkpoint is the student’s 18th birthday – the point in time when the law sees the student as a full adult, whether or not the student is still living at home or even still in high school.

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New Massachusetts Law Bans Text Messaging While Driving Effective September 30th

September 1, 2010 | by Attorney Michael Doherty

In July 2010, Governor Deval Patrick signed a new law that makes it illegal to text while driving starting September 30, 2010. The law comes in the wake of a recent study that found texting while driving makes an individual twenty times more like to be involved in a car crash or near-crash. The goal of the law is to increase public awareness about the dangers of distracted driving and hopefully reduce the number of accidents caused by texting motorists.

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Attorneys in Franklin Massachusetts and Medfield MA lawyers

The Massachusetts attorneys of Doherty, Ciechanowski, Dugan & Cannon provide legal services to Massachusetts businesses, families, and individuals in the practice areas of business law, criminal defense, divorce and family law, employment law, estate planning, personal injury, real estate, and litigation matters.

Our attorneys represent clients throughout Massachusetts and in every county of Massachusetts including Norfolk County, Suffolk County, Worcester County, Bristol County, Middlesex County, Plymouth County, Hamden County, Essex County and Barnstable County. Our attorneys represent clients in Massachusetts’ largest communities including the cities of Boston, Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy.

Our law offices are located in Franklin and Medfield and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whittensville, and Worcester.