Stephen Melnick

Stephen Melnick


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Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more

7/14/2015 - Aviation Industry Delivery Drivers FAAAA Hiring & Firing Independent Contractors Mileage Reimbursement Motor Carriers Payroll Taxes Trucking Industry Unpaid Overtime Wage and Hour

Massachusetts Extends Labor and Employment Protections to Domestic Workers

Effective April 1, 2015, Massachusetts will become the fourth state (after New York, California and Hawaii) to extend employment protections specifically to domestic workers. The "Domestic Workers' Bill of Rights"1 creates...more

12/31/2014 - Domestic Workers Employer Mandates New Legislation Wage and Hour

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more

3/10/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

When is a Whistleblower Not a Whistleblower?

Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever....more

11/1/2013 - Anti-Retaliation Provisions Dodd-Frank Reporting Requirements Sarbanes-Oxley SEC Statutory Interpretation Whistleblowers

Class Action Waivers in Arbitration Agreements in Massachusetts

A flurry of new decisions from the Massachusetts Supreme Judicial Court (SJC) and the U.S. Supreme Court have approved the use of class action waivers in arbitration agreements. These decisions affirm that employers in...more

7/17/2013 - Arbitration Agreements Class Action Class Action Arbitration Waivers Employer Liability Issues SCOTUS

Recent Decisions Provide Guidance on Drafting Noncompetition Agreements under Massachusetts Law

Your Vice President of Sales announces that she is leaving to work for your biggest competitor. She signed a noncompetition agreement when she joined the company five years ago as a junior sales associate. Can you get an...more

6/14/2013 - Contract Drafting Material Change Doctrine Non-Compete Agreements

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