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ZALKIND DUNCAN & BERNSTEIN LLP, a premier Boston criminal defense and civil litigation boutique, seeks an associate to start in fall 2020 or sooner. This progressive 12-lawyer law firm has a dynamic federal and state court practice, at both the trial and appellate levels. Our criminal practice includes crimes of violence, fraud and drug offenses, white collar crimes, and other felonies and misdemeanors. Our civil practice consists primarily of plaintiff-side employment matters, including discrimination cases, and representing students, faculty, and other employees accused of misconduct or facing discrimination at colleges and universities (including in Title IX proceedings). We also have a general civil litigation and complex motions practice.

We are looking for an associate with 1-2 years of experience and excellent research, analytical, and writing skills. Judicial clerkship a plus. Excellent benefits. More information about our firm can be found on our website: http://www.zalkindlaw.com.

Interested applicants should send their resume, law school transcript, writing sample (preferably 5-10 pages long, showing writing that has not been substantially edited or revised by anyone other than the author), and a cover letter to Zalkind Duncan & Bernstein LLP, 65a Atlantic Avenue, Boston, MA 02110, attn: Associate Hiring, or e-mail these items to resume@zalkindlaw.com with “application for associate position” in the subject line.  Applicants who are available to begin employment before fall 2020 should include such information in their cover letters. Applications will be reviewed on a rolling basis and should be submitted no later than January 31, 2020.

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By: Jinal Sharma, Legal Intern

affection-baby-care-carrying-1170897Earlier this month, in Capron v. Attorney General of Massachusetts, the Court of Appeals for the First Circuit rejected an au pair agency’s challenge to Massachusetts labor laws, finding that Massachusetts wage and hour laws apply to au pairs. Under the First Circuit’s ruling, that means that au pairs in Massachusetts are now entitled to workplace protections, including minimum wage and overtime pay.  

Under the First Circuit’s ruling, Massachusetts will require employers to comply with the Domestic Worker Bill of Rights with respect to au pairs. This means au pairs will be paid minimum wage, which in Massachusetts is rising to $12.75 an hour starting January 1, 2020. An au pair will be considered to be “working” any hours the au pair is required to be on the employer’s premises to provide childcare services. Meal periods, rest periods, and sleep periods are not considered as hours worked only if the au pair is free to leave the premises at their sole discretion. Employers will also be required to pay time-and-a-half for any hours worked over 40 hours/week and to keep records of au pair hours worked. Additionally, au pairs will be entitled to sick leave, worker’s compensation, and notice of why and when the employer might enter the au pair’s living space.  

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breathalyser-1684431_1920On July 29, 2019, Judge Robert A. Brennan lifted the “presumption of unreliability” which had kept breathalyzer tests in drunk driving cases out of evidence since August 2017. This decision is the latest in a series of decisions Judge Brennan has made in Commonwealth v. Ananias, a case that raised the question of whether breathalyzer tests are reliable enough to serve as evidence in OUI prosecutions. In February 2017, Judge Brennan recognized the “presumptive unreliability” of thousands of breath tests administered by police officers using the Alcotest 9510 device. Specifically, Brennan found that the methodology the Massachusetts State Police Office of Alcohol Testing (OAT) used for annually certifying the devices from June 2011 to Sept. 14, 2014, did not produce “scientifically reliable” blood alcohol-content results. In 2018, prosecutors agreed not to introduce the results of breathalyzer tests administered as far back as September 2011. On January 9, 2019, Judge Brennan issued a sanctions order that established seven requirements for the state to meet before the Draeger Alcotest 9510 could be considered reliably calibrated.

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https://www.bostonlawyerblog.com/files/2019/05/Courtroom_Byron_R._White_U.S._Courthouse_today.jpg

Massachusetts has a unique system for certain criminal complaints, where both a police officer or private individual can apply for a criminal complaint and a clerk magistrate will decide whether there is probable cause for a criminal complaint to be issued. This process is available for most misdemeanor crimes and some felony crimes where an individual has not been arrested. A hearing before a clerk magistrate—also known as a show cause” hearing—serves an important function in the Massachusetts criminal justice system because it screens out certain potential complaints at an early stage without creating a criminal record for the accused. If the clerk magistrate does not find probable cause, the clerk magistrate will not issue a criminal complaint. If the clerk magistrate finds probable cause, he or she can either issue a criminal complaint or exercise discretion and decide not to issue a complaint. 

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On March 25, 2019, Monica Shah presented a session on criminal law and students’ rights at the South Asian Bar Association of Greater Boston’s award-winning “Know Your Rights!” program at the Waltham Public Library.  Through this program, SABA GB empowers South Asian community leaders in Massachusetts on topics ranging from criminal law to employment law, bankruptcy, consumer protection, immigration, and elder care. Learn more about SABA GB and the KYR program here: https://www.sabagb.org/know-your-rights

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Melissa Ramos, an associate at Zalkind Duncan & Bernstein LLP, speaks tonight on a panel hosted by Suffolk Law School’s Women of Color Law Students Association. The panel, titled “Shaping Your Personal Brand,” offers advice to law students on how to develop and promote their professional identities and their work.

https://www.bostonlawyerblog.com/files/2019/03/SULS-WOCLSA-3.26.19-Shaping-a-Personal-Brand__Page_1.jpg

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Monica Shah, a partner at Zalkind Duncan & Bernstein LLP, will be joining the faculty as Chair of the MCLE webcast and on-site program, “Preventing & Handling Sexual Harassment Claims in the #MeToo Era” scheduled for March 19, 2019. The program will focus on providing guidance for attorneys handling sexual harassment cases from initial intake or investigation to verdict or settlement, whether at the MCAD or in court. Attorney Shah has extensive experience working on sexual harassment cases. Read more or register for the program here. 

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Thank you to Feedspot for naming Zalkind Law’s Boston Lawyer Blog as one of the Top 40 Labor Law Blogs, News Websites & Newsletters To Follow in 2019! Since 2014, we have used our blog to provide our readers with news, updates, and analysis about the law.

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