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22 Dec 2021, 8:30 am
On December 13, 2021, the Massachusetts Supreme Judicial Court (“SJC”) issued its long-awaited decision determining that the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B (“Independent Contractor Statute”), which establishes the three-pronged “ABC” test used to classify workers as independent contractors or employees – and provides for a rebuttable presumption that workers are employees unless the purported… [read post]
22 Dec 2021, 7:55 am
On December 13, 2021, the Massachusetts Supreme Judicial Court (“SJC”) issued its long-awaited decision determining that the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B (“Independent Contractor Statute”), which establishes the three-pronged “ABC” test used to classify workers as independent contractors or employees – and provides for a rebuttable presumption that workers are employees unless the purported employer proves… [read post]
16 Dec 2021, 7:36 am
Plaintiffs argued that the expansive and stringent ABC test found in the Commonwealth’s Independent Contractor statute, G.L. c. 149, § 148B, also determined whether a third-party can be liable for wage-related violations. [read post]
19 Nov 2021, 8:21 am
’” Id. at 436, quoting G.L. c. 108A, § 20. [read post]
5 Sep 2021, 6:35 am
G.L. c. 90, § 24G(b). [read post]
26 May 2021, 8:19 am
Accordingly, the Court determined that it was the trial justice’s responsibility, and the Court’s function, to adopt the interpretation of the zoning ordinance that would best carry out its evident purpose.In doing so, the Supreme Court concluded that, as a public charter school, RISE’s operation is considered a municipal use under the city’s zoning ordinance because, pursuant to the Charter Public School Act of Rhode Island, G.L. 1956 chapter 77 of title 16,… [read post]
28 Feb 2021, 7:20 am
The appellate court felt that this statement could be considered under Massachusetts G.L. c. 233 § 65. [read post]
17 Feb 2021, 6:19 am
A complete list of MBTA Communities is available in G.L. c. 161A, s. 1. [read post]
25 Jan 2021, 7:50 am
(The Massachusetts personnel records statute, G.L. c. 149, § 52C, provides that, when a disagreement regarding material contained in an employee’s personnel file can’t be resolved by mutual agreement, the employee is entitled to submit a written statement to be included in the file.) [read post]
25 Aug 2020, 10:59 am
“In 2013, the defendant … was indicted on two counts alleging aggravated statutory rape pursuant to G.L. c.265, §23A. [read post]
10 Aug 2020, 1:50 am
(See G.L. c. 90, § 20E(i)) The $2 per rental police training fee is another creature of the Massachusetts legislature. [read post]
4 Aug 2020, 2:22 pm
” G.L. c. 149, § 190(a). [read post]
25 Jul 2020, 10:56 am
For example, the probation order could incorporate or borrow from the definitions of child pornography … set out in G.L. c.272, §29C, or 18 U.S.C. [read post]
22 Jul 2020, 10:41 am
The Attorney General found that both the Building Code and the Gas Code had express statutory goals of uniformity, while there was a fundamental state policy of ensuring uniform utility services to the public under G.L. c.164. [read post]
16 Jul 2020, 10:56 am
In its decision affirming the denial of the defendant’s motion to correct the mittimus, the Appeals Court noted that pursuant to G.L. c.279, §33A, “a defendant is entitled to credit for time spent awaiting trial on an offense. [read post]
3 Jul 2020, 10:55 am
See G.L. c.124, §1(u). [read post]
28 Jun 2020, 10:55 am
At arraignment, the Commonwealth moved for pretrial detention pursuant to G.L. c.276, §58A. [read post]
24 Jun 2020, 2:11 pm
The decision applies to pre-trial detainees being held either on grounds of dangerousness under G.L. c. 276, §58A, or after violation of conditions of release under G.L. c. 276, §58B. [read post]
15 Jun 2020, 10:54 am
” “Without the general statutory warning [set forth in G.L. c.278, §29D,] the … warning [given to the defendant was] therefore too technical, legalistic, and complex in its application to be particularly informative. [read post]
3 Apr 2020, 3:01 pm
Allows local permit granting authorities during the state of emergency to conduct meetings and public hearings remotely, consistent with the Governor’s order entitled “Order 109 Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A Section 20” issued March 12, 2020. [read post]
