Attorney Ana Muñoz spoke to Massachusetts Lawyers Weekly this week about the SJC’s decision in Patel et al. v. 7-11 Inc., et al. The Court answered a certified question from the First Circuit about how to address claims by franchisees that they have been misclassified as independent contractors. Muñoz, who…

As we recently wrote, states’ firearms regulations have faced legal challenges across the country since the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which held that individuals have a Second Amendment right to carry a handgun in public for self-defense. But how…

Earlier this month, the Supreme Judicial heard a case regarding the standard for “Anti-SLAPP” motions. As we have written before, Massachusetts’ Anti-SLAPP law protects people who have engaged in protected speech from lawsuits based on that speech. The statute allows defendants to move to dismiss a lawsuit against them “brought…

We have previously written about how Massachusetts law limits non-competition clauses. Non-competition clauses restrict where an employee can work after she leaves a job; an employee agrees in a contract not to work for a competitor for a period of time after she separates from an employer. Under M.G.L. c.…

The SJC struck an initiative from November’s ballot that, if approved, would have created a new class of “app-based driver” not subject to many bedrock employment laws. In Koussa v. Attorney General, the Court held that the proposed initiative raised too many different policy questions, and, thus, did not meet…

Text messages have replaced the old-fashioned phone call: Since 2014, Americans under 50 reported preferring text messages to talking on the phone. American adults under 45 send and receive an average of 85 texts per day. Many people, then, treat texts like talking. But even though the government might need a warrant to intercept your phone…

Due to the COVID-19 pandemic, many parents are exploring new arrangements for education and childcare for their children. Families who can afford to are creating “micro-schools” or “school pods”—groups of a few families with similar-aged children who hire a teacher to provide lessons in the families’ homes. Others are simply…

The Families First Coronavirus Response Act (H.R. 6201) provides $100 billion dollars worth of relief to Americans coping with the coronavirus outbreak.  Below is a summary of the provisions that affect workers most directly. The bill goes into effect on April 2, 2020, and expires December 31, 2020. Emergency Unemployment…

On March 10, Governor Charlie Baker declared a state of emergency in Massachusetts to combat the ongoing threat posed by COVID-19.  As of this writing, Massachusetts had 108 cases confirmed, and experts warn that the virus will likely continue to spread.  What do our state and federal leave laws provide for employees who contract COVID-19, or who have family…

Last week, the Trump administration finalized a rule that narrows the definition of “joint employer” under the Federal Labor Standards Act and will make it harder for millions of workers to combat wage theft. Under the Obama administration, the federal Department of Labor clarified that more than one company could…