Articles/Publications

E-mail Acceptance Can Constitute Contract for Massachusetts Mechanic’s Liens

The Massachusetts Superior Court recently held that electronic communications and signatures — no less than physically signed documents — can constitute a “written contract” for general contractors, subcontractors and construction material suppliers, within the meaning of the Massachusetts mechanic’s lien statute, G. L. c. 254. In Clean Properties, Inc. v. Riselli (“Clean Properties”), the parties […]...

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Enforceability of Massachusetts’ New Earned Sick Time Act

By Michael T. Mullaly On November 4, 2014, Massachusetts voters approved the Earned Sick Time Act (“Act”). The Act is codified at G. L. c. 149, § 148C and becomes effective on July 1, 2015. The application of the Act to unionized employees, however, raises complex legal issues and is already the subject of active […]...

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Independent Contractors and Employees in Massachusetts

It is increasingly common for employers to use “independent contractors” in addition to, and sometimes instead of, employees. Independent contractors tend to cost less for the employer, as the employer is not required to cover payroll taxes, unemployment insurance, benefits (including health insurance, a benefit that many employers are now required to provide), and other […]...

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Massachusetts Wage Act

Every employer and employee in Massachusetts should be aware of the “Wage Act”, also known as the Weekly Wage Law (c. 149, sec. 148 et seq.).  This law governs wages paid to employees, and is part of a series of robust employment laws aimed at protecting employees.  This post is the first in a series […]...

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To Lien or Not to Lien

Mechanic’s Liens and the Plight of the MA Subcontractor The Fundamentals In laymen’s terms, a mechanic’s lien is a tool whereby a subcontractor can attach a security interest on property that it has contracted to do work on. This lien operates to protect the subcontractor’s interest in payment for work provided in the event that […]...

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