Are you working over forty hours a week and cashing your paycheck each week wondering if you have a claim against your employer for a violation of the overtime laws? Based on a ruling by the United States District Court for the District of Massachusetts in Firth v. TD...
LANDLORDS BEWARE: NEW HOUSING RIGHTS FOR VICTIMS OF VIOLENT CRIMES
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Thursday, December 19, 2013. There are new housing rights for victims of domestic violence, rape, sexual assault and stalking. Victims of these crimes now have increased rights to: 1) break a lease;...
Special Rules: The Family Medical Leave Act And School Employees
On behalf of Law Offices of Richard Mucci posted in Employment Law on Tuesday, December 3, 2013.Did you know that there are special rules under the Family Medical Leave Act ("FMLA") pertaining to school employees? These rules provide specific Federal protections for...
Associational Discrimination In The Workplace: Can Claims Extend To Those Who Advocate For The Disabled?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, November 26, 2013. Can a special education coordinator pursue an associational discrimination suit against her employer school district that allegedly fired her in retaliation for her...
The Statutory Requirements For A Personal Guarantee: Don’t Compromise Your Business’ Rights To Enforce
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, November 21, 2013. What are the statutory requirements for a valid and enforceable personal guarantee to answer for the debt of another? Independence Park, Inc. v. Christy's of Cape...
Non-Solicitation Agreements And Contact Initiated By Former Customers: Can You Accept Their Business?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, September 24, 2013. Do you have the right to conduct business with a former customer who initiates contact with you if you signed a non-solicitation agreement while working for a...
FIRED BECAUSE OF YOUR ASSOCIATION WITH A DISABLED PERSON: YOU NOW MAY HAVE A CAUSE OF ACTION FOR DISCRIMINATION
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, July 24, 2013.Massachusetts' antidiscrimination statute, G.L. c. 151B, §4(16), bars employment discrimination on the basis of handicap. Flagg v. AliMed, Inc., a recent Supreme Judicial...
Commercial Landlords Beware: Listen to Your Tenant’s Complaints About Defects As A Court Has Ruled that You Can Be Liable For Double or Treble Damages
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, July 12, 2013. In a stern warning to commercial landlords, a Superior Court judge in Kuong, et al. v. Wong, et al., has ruled that a commercial landlord could be held liable for double...
What Rights Do You Have To Collect Your Annual Bonus If You Are Fired?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, June 26, 2013. What causes of action does an employee have against his employer when he is terminated prior to receiving his annual bonus? Is the employee entitled to the bonus as...
Going to Jail Because the Mailman Delivered the Mail to the Wrong Address
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Monday, June 10, 2013. Imagine going to jail for three months because the mailman delivered a package to the wrong address, and then having your lawsuit for negligence against the United States Postal...
SJC: No Licenses Allowed For Landlords To Rent To College Students
On behalf of Law Offices of Richard Mucci posted in Real Estate on Thursday, May 30, 2013.Remember when you lived in a rundown, dirty and dingy apartment or house in college with as many friends as you could cram into the place? Recently, such practices have been...
SJC Expands The Geographical Reach Of Laws Classifying Individuals As Independent Contractors To Individuals Working Outside The Commonwealth
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, May 17, 2013. Massachusetts employers beware: the Supreme Judicial Court has ruled that out-of-state individuals who live and work for a company headquartered in Massachusetts may bring...
MARKETING AGREEMENTS BASED ON COMMISSIONS WITH OUTSIDE VENDORS-DOES YOUR BUSINESS UNDERSTAND THE TIME LIMITS?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 13, 2013. Does your business really know the time limits of payments in its marketing agreements based on commissions with outside vendors? Your business should scrutinize these...
Is Your Arbitration Dispute Resolution Policy In Your Employee Handbook Enforceable?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 23, 2013. Employers beware: you may be precluding your rights to arbitration if you maintain unilateral discretion to alter the terms of an employee handbook. In Domenichetti v....
Child Support Modification Standard Clarified And Simplified
On behalf of Law Offices of Richard Mucci posted in Family Law on Tuesday, April 2, 2013.Recently, the Supreme Judicial Court in Massachusetts clarified the standard for a parent to get a child support order modified. In Morales v. Morales, the SJC held that a...
Home Improvement Contractors Beware: Your Arbitration Clause May Be In Peril
On behalf of Law Offices of Richard Mucci posted in Construction Law on Wednesday, March 27, 2013. Does your arbitration clause comply with Massachusetts' Home Improvement Contractor statute? If not, you may find yourself precluded from arbitration. Home Improvement...
The J. Geils Band’s Name “Musta Got Lost” In Court
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, March 18, 2013. Many businesses in Massachusetts are named after one of their founders or partners. For example, "Frank's Steakhouse," "Comella's," and "Don's Hardware Store," but who...
Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time
Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time On behalf of Law Offices of Richard Mucci posted in Employment Law on Thursday, March 7, 2013.Employers beware; gratuitous severance payments to former employees do not permit employers to...
Is Your Health Club Violating Massachusetts’ Consumer Protection Laws?
On behalf of Law Offices of Richard Mucci posted in Consumer Protection on Monday, March 4, 2013. Many Bostonians belong to health clubs, wellness centers, yoga centers or sports clubs while many others, at the very least, inquire about memberships. Did you know, in...
Property Rights Washed Away by the Ocean
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, February 20, 2013.Recently, the Supreme Judicial Court affirmed in White, et al. v. Hartigan, et al. that a Martha's Vineyard landowner's property rights to an exclusive beachfront property...