We have expanded our Boston Office!
Our new location is
10 High Street
Boston, MA 02210
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2020 Best Lawyers Released
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Chris Kenney
is a nationally recognized trial lawyer and corporate consultant. He was recognized by
Best Lawyers 2020
in the areas of Insurance Law and Labor and Employment Litigation.
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Mike Sams
is a respected advocate and business advisor. He was recognized by
Best Lawyers 2020
in the areas of Construction Law, Construction and Insurance Litigation.
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U.S. Department of Labor Implements New Overtime Rule & Increase Salary Threshold for FLSA Exemptions
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The U.S. Department of Labor’ updated overtime rule and increase of salary thresholds for qualifying exemptions under the Fair Labor Standards Act (“FLSA”) are here, effective as of January 1, 2020.
On September 24, 2019, the U.S. Department of Labor (“DOL”) announced its final rule, updating the salary thresholds necessary for an employee to meet the FLSA’s minimum wage and overtime pay requirements. Through its updated rule, the DOL also establishes that an employer can count a portion of certain bonuses and/or commissions toward the minimum salary threshold.
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U.S. Department of Labor Updates Regulations Relating to the Regular Rate Under the FLSA
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The U.S. Department of Labor (“DOL”) has issued guidance to employers on what forms of compensation may be excluded from an employee’s regular rate for purposes of overtime calculation.
On December 12, 2019, the DOL announced a Final Rule (“Rule”) clarifying and updating regulations relating to “regular rate” requirements under the Fair Labor Standards Act’s (“FLSA”). The Rule went into effect on January 15, 2020.
This Rule is significant, not only because it is designed to remedy this gap by targeting these unanswered questions, but also because it represents the first substantive update to the regulations in over 50 years.
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How Prudent Risk Management Can Extend the Workers' Compensation Act's Tort Immunity to Companies That Lease Their Employees
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With the economy continuing to hum along, and companies facing backlogs due to a tight labor pool, more Massachusetts employers are looking to lease employees to adequately staff projects, jobsites, and accounts – and substitute their own traditional workforce. Companies see numerous benefits to such leasing arrangements, including cost-saving measures related to personnel functions; better health, pension, and other employee benefits; and administrative functions that the company may be unable to perform in-house.
When a company leases all or part of its work force from a professional employer organization (“PEO”) or “employee leasing company”, and one of the “leased employees” is injured on the job, does the Workers’ Compensation Act, Massachusetts G.L. c. 152 (the “WCA”), provide the defendant company immunity from tort liability? Alternatively, how can a lessee company shield itself from liability in these situations?
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Contact Sports: Civil Liability for Players, Coaches, Referees and Facilities
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In a recent decision, the Massachusetts Appeals Court revisited the standard for civil liability for players, coaches, referees and facilities for injuries resulting from misconduct during amateur contact sports.
The Appeals Court first had to decide the appropriate standard for negligence with respect to participants in contact sports, such as hockey, and when a player can be liable for conduct within the game. Earlier cases established that only “reckless” conduct can give rise to liability and defined “reckless conduct” as intentional conduct involving a high degree of likelihood that substantial harm will result to another. The question, then, is what “reckless” means in the context of contact sports. After all, even a perfectly clean hockey hit, football tackle, softball slide, or soccer tackle exposes other players to a high risk of harm.
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Kenney & Sams Welcomes
Emyr Remy
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Emyr is civil litigator handling business disputes for companies and individuals. He has experience working on a broad range of matters including tort actions, premises liability, breach of contract and insurance coverage.
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Lindsay Burke
recently moderated a panel on the increasingly important field of trade secret law in the
Defend Trade Secrets Act
era. The panel provided guidance on important considerations around patent or trade secret protection, the impact of the Defend Trade Secrets Act and the future role of trade secrets in biotech and biopharma.
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In March,
Nate Cole
will be a panelist presenting on “Liability For Injuries to a Subcontractor’s Employee.” Nate will explore the often misunderstood concept of whether owners or general contractors may delegate responsibility and/or liability for jobsite safety to subcontractors and present to members of the International Association of Defense Counsel.
Founded in 1920, the IADC is comprised of the world’s leading corporate and insurance lawyers and insurance executives. Nate is an active IADC member, currently serving as Vice Chair of Webinars for the Construction Law Committee.
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Michael Sams and Michelle De Oliveira co-authored
The Massachusetts Independent Contractor Law
chapter in the January 2020 edition of the Massachusetts Employment Law manual, published by the Massachusetts Continuing Legal Education.
In this chapter, Mike and Michelle examine the legislature’s 2004 statutory amendments to the independent contractor statute, and provide an in-depth analysis on the applicable three-part test when analyzing the question of whether an individual who performs services for an individual or entity is an employee or an independent contractor. The key for employers is to tread the waters of independent contractor classification with care to avoid unnecessary legal exposure.
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Join
Mike Sams
at
MCLE
on Friday March 6th as he discusses knowing when to make objections, and how to support and oppose them.
Mike Sams
will be speaking at an upcoming
DRI
program in Chicago,
Mike
will present on artificial intelligence in construction. The seminar will discuss the use of AI today, potential liability issues, contract risk transfer, and new legal theories.
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Kenney & Sams Prides Itself on
Having "Raving Fans"
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"Once again - great work! Your team has done a fantastic job with the handling of these lawsuits, and has achieved excellent results."
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