In May, Massachusetts employers will have to follow certain steps when asking an applicant about her criminal history.

Last August, Gov. Patrick signed into law additional protections to persons with a history of criminal charges or convictions.

As of November 4, 2011, a potential employer cannot ask about criminal history on an initial application unless “(i) the applicant is applying for a position for which any federal or state law or regulation creates mandatory or presumptive disqualification based on a conviction for 1 or more types of criminal offenses; or (ii) the employer or an affiliate of such employer is subject to an obligation imposed by any federal or state law or regulation not to employ persons, in either 1 or more positions, who have been convicted of 1 or more types of criminal offenses.” MGL c. 151B § 4(9.5). The provision is commonly known as “Ban the Box.”

On May 4, 2012, most employers will have additional restrictions concerning an applicant’s criminal history as the interview process continues. These employers will have to certify that it is requesting the history for an authorized purpose and that it has permission from the applicant to make the request. MGL c. 6 § 172(30)(c). The new law also requires most employers in possession of a criminal offender record to provide the record to the applicant prior to questioning the applicant about his criminal history. MGL c. 6 § 172(30)(c).

If an employer makes a decision regarding employment based upon a criminal record, it will have to provide a copy of said record to the applicant. MGL c. 6 § 171A.

It is important to note that the statute explicitly does not prohibit an adverse decision based upon criminal history. The new law also includes record keeping and dissemination provisions that certain employers must follow. An employer’s failure to adhere to the new law can subject it to fines, sanctions, a charge filed with the Massachusetts Commission Against Discrimination or to civil litigation.

Divorce can be one of the most overwhelming times in a person’s life.  There is so much to consider, whether it be the financial stresses, children issues, living situations, moving, buying or selling a home, the effect on your employment, the continuity of medical insurance and even what assets or debts you should retain.  Our divorce attorneys help clients take back the control over their lives by providing them with the information and the tools they need to get through this difficult time and make those informed decisions.

Our divorce lawyers represent clients in Norfolk,Massachusetts as well as throughout Norfolk County.  If you have questions about divorce, contact us to schedule a consultation.

There have also been increases in other allowances, such as the minimum and maximum monthly maintenance needs allowance and the community spouse monthly housing allowance.   For questions about Medicaid/MassHealth eligibility, or any other estate planning or elder law questions, contact one of the Massachusetts estate planning or elder law attorneys at the Franklin, Massachusetts law firm of Doherty, Ciechanowski, Dugan & Cannon, P.C.

Under the IRS requirements beginning in the 2011 tax year, if a corporation paid any one of the above more than $600 in a year, that corporation has an obligation to issue a 1099 for the payments.  The rules state that a 1099 form must be sent to any eligible recipient who was paid at least $600 during the tax year.  Eligible recipients include limited liability companies (“LLCs”), partnerships, estates, trusts and, only for payments for medical, health care, legal or fishing activities, corporations.

The 1099s must be provided to the eligible recipient by January 31^st .  There are financial penalties related to failure to file and such penalties are assessed per 1099 not issued, so these penalties can accumulate quickly.  The penalties are on an escalating scale, from $30 to $100 per 1099 not issued, depending upon when or if you do issue one.

We recommend that you contact your tax advisor to discuss how this impacts your corporation or, if you are not currently working with a tax advisor, contact us for a referral to one.

For questions about your tax filing obligations, or any other business questions, contact one of the Massachusetts business attorneys at the Franklin,Massachusetts law firm of Doherty, Ciechanowski, Dugan & Cannon, P.C.

Additional information regarding this new rule can be found in the article titled Employee Rights Under the NLRA.  If you have questions about Massachusetts business law or employment law, or think your business could benefit from advice about implementing this new posting rule, please contact Massachusetts employment lawyer, Attorney Michael Doherty.

With no immediate likelihood of hiring new judges or law clerks, the impact of losing twenty percent (20%) of Massachusetts Probate and Family Court judges and sixty percent (60%) of the law clerks will continue to have a significant impact on divorcing couples utilizing the Massachusetts court system for resolution of their cases.

In a system that saw 156,000 new case filings this year, the inability of judges and staff to keep up with the caseload is causing delays in the processing of filings and orders, delays in obtaining hearing dates, and increases in the amount of cases that judges must hear on their motion days. Due to the Court’s reduction in public access hours, following up on cases usually leads to attorneys having to travel to the court to obtain answers. This all leads to an increase in the cost for the average client. The attorneys are spending significantly more time in court tracking down files, personally hand-filing new complaints or motions, and waiting for their cases to be called for hearing before the judge.

There is a silver lining to all of these reductions and delays. More divorcing couples and attorneys are turning to collaborative law and divorce mediation as a cost effective alternative — Cost-effective in both time and money. Furthermore, the Probate and Family Court is encouraging these methods of resolution with more stream-lined procedures that will be rolling out in 2012. Before entering the overloaded court system, research whether collaborative law or divorce mediation are a good fit for your situation. To find out more information, contact Attorney Michael Doherty or Attorney Michelle M. Raymond.

Attorney Michelle M. Raymond will attend the 10^th Annual Family Mediation Institute held by the Massachusetts Council on Family Mediation in Wellesley Hills, MA. The Honorable Paula M. Carey, Chief Justice of the Massachusetts Probate and Family Courts provided the Keynote Address on “The State of the Probate and Family Court: Good, The Bad and The Ugly”.  Attorney Raymond also attended presentations on “Thinking Outside the Box: Expanding Settlement Options Beyond Off-The Shelf Solutions” and “The Intersection of Divorce and Bankruptcy”.  She looks forward to using this knowledge in her upcoming mediations, settlements and court cases.

Attorneys Michelle M. Raymond and Jennifer Taddeo hosted the monthly My Wealth Management Team meeting at DCDC.  The team of experienced financial and wealth management experts along with business coach Greg DeSimone discussed how to assist clients achieve their financial goals in 2012.  For more information about myWMT, please go to www.myWMT.org.

Attorney Michelle M. Raymond participated in the Women’s Success Network (WSN) monthly meeting at Lake Pearl Luciano’s in Wrentham.  The networking organization held its holiday social and bazaar. Attorney Raymond is the past Chair and current board member of the WSN Board.  The January meeting will be held on January 4, 2012 at the Franklin Country Club.  The speaker Janet M. Letourneau, MBA, CPBA will be speaking on “So Much to Do! So Little Time!!”  Please see www.wsninc.org for more information.

Attorney Steven Weil will participate in the Evening Legal Clinic. Funded in part by the Massachusetts Bar Foundation the Evening Legal Clinics are sponsored monthly, usually the first Tuesday of each month, free of charge to the members of the community at a courthouse in Norfolk County from the hours of 6:00 to 8:00 p.m. Attorneys agree to participate on a pro bono basis by assisting the client on a one-on-one consultation.