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Using Unpaid Interns May be Illegal

As summer approaches, many companies will face the tempting invitation from students to work “for free” as interns. While some companies may consider jumping at the chance to enhance their workforce without incurring the...more

6/17/2013 - Attorney's Fees Damages FLSA Training Unpaid Interns

Beware of Choice of Law When Drafting Independent Contractor Agreements

As we have previously posted in Choice of Law in a Contract Can Be Critical, Ensuring Your Dispute Is Resolved in the Forum You Want Is Not Always Easy, and Selection of Forum Other Than Massachusetts May Not Avoid Wage Act...more

5/24/2013 - Choice-of-Law Contract Drafting Independent Contractors Wage Act

Gratuitous Payments Cannot Be Re-Cast as Accrued Vacation Pay Required by Massachusetts Wage Act

A favorite saying of my mentor and colleague in the Labor and Employment Group here at Burns & Levinson is “no good deed goes unpunished.” Over my years of practice, I have found that this phrase oft comes to mind when an...more

4/12/2013 - Employee Benefits Illegal Gratuities Vacation Pay Wage Act

3 Keys to Drafting Commission Plans to Avoid Wage Act Violations

As I mentioned in some of my prior posts, the Massachusetts Weekly Payment of Wages Act (“Wage Act”) poses many challenges to employers due, in part, to the vagueness of its terms, the strict liability it imposes on employers...more

3/15/2013 - Prudential Sales Commissions Strict Liability Wage Act Wages

Be Aware of More Aggressive Enforcement of Equal Pay

The Director of the Office of Federal Contract Compliance Programs (OFCCP), Patricia A. Shiu, just announced that prior voluntary guidelines and compliance standards for federal contractors and subcontractors to comply with...more

3/1/2013 - Affirmative Action Audits Compliance Discrimination Equal Pay OFCCP Penalties Rehabilitation Act Scheduling Letters Veterans Vietnam Era Veterans’ Readjustment Assistance Act

6 Tips for Drafting Offer Letters

Just as in romance, employer-employee relationships often are at their best in the courting stage. During the after-glow of an initial hire, many employers wish to make new employees feel welcome by sending confirmatory...more

2/15/2013 - Employment Contract Hiring & Firing Offer Letters

Avoiding Misclassification of Independent Contractors in the New Year

With the new year, taking the time to review the status of your independent contractors may create valuable savings. Independent contractors, when properly classified, can often be a valuable and efficient means for both...more

12/20/2012 - Employee Benefits Independent Contractors Minimum Wage Misclassification Over-Time

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