Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of the Massachusetts Basic Practice Manual. This product incorporates the latest developments in the practice areas most important for lawyers on the frontlines of today's legal practice.

  Highlights include

  • changes in the Massachusetts estate tax, raising the asset threshold from $1 million to $2 million effective for estates of decedents dying on or after January 1, 2023;

  • an expanded discussion of issues relating to Massachusetts wills and trusts, including powers of appointment and replacement of trustees;

  • extensive revisions to the book's guidance on issues in the probate and administration of estates, including closing statements, removal of personal representatives, securing possession of property, and inventories;

  • the effect on commissions of class-action lawsuits against the National Association of Realtors;

  • loss of the attorney-client privilege when including third-party addressees on residential-real-estate-related communications;

  • disclosure of fees earned by closing attorneys on the purchase of title insurance;

  • new guidance on the application of use and occupancy agreements in the scheduling of real estate closings;

  • important developments in landlord-tenant practice, including a new law on the sealing of eviction records and extensive changes to summary process actions set forth in Housing Court Standing Order No. 1-23;

  • ongoing consideration of the accuracy of the Draeger Alcotest 9510 device used to measure the blood alcohol content of drivers suspected of operating under the influence (OUI) and a 2023 Supreme Judicial Court decision allowing a large group of OUI defendants to move to vacate their convictions; and

  • implementation of a 2022 law titled the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, expanding the litigation options available to sexual assault and sexual harassment victims.

  We trust you will find the Massachusetts Basic Practice Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Massachusetts Payment of Wages Law— G.L. c. 149, §§ 148–150

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Philip J. Gordon, Esq., Gordon Law Group LLP
Kristen M. Hurley, Esq., Gordon Law Group LLP
Elizabeth A. Rodgers, Esq., Gordon Law Group LLP

Exhibit 1A

- G.L. c. 149, § 148: Covered Employers and Employees Buy Form

Exhibit 1B

- 2008 Massachusetts Attorney General Advisory on Independent Contractor Law Buy Form

Exhibit 1C

- Awuah v. Coverall North America, Inc., Order of Certification Buy Form

Exhibit 1D

- Wage Payment Due Dates Under G.L. c. 149, § 148 Buy Form

Chapter 02 expand

Federal and State Overtime Laws

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Desiree Y. Murphy, Esq., CVS, Pharmacy/Legal Dept
Alan Jay Rom, Esq., Rom Law PC

Checklist 2.1

- Plaintiff’s Checklist Regarding Overtime Issues Buy Form

Chapter 03 expand

The Massachusetts Independent Contractor Law

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Michelle M. De Oliveira, Esq., Ruberto, Israel & Weiner, PC
Michael P. Sams, Esq., Kenney & Sams, PC

Chapter 04 expand

The Family and Medical Leave Act

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Nina J. Kimball, Esq., Kimball Brousseau LLP
Joshua D. Nadreau, Esq., Fisher & Phillips LLP
Katherine R. Reynolds, Fisher & Phillips LLP

Chapter 05 expand

The Small Necessities Leave Act

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Kimberly Y. Jones, Esq., Athena Legal Strategies Group

Exhibit 5A

- Small Necessities Leave Act: Attorney General’s Advisory 98/1 Buy Form

Exhibit 5B

- Small Necessities Leave Act Questions and Answers Buy Form

Exhibit 5C

- Small Necessities Leave Act Snapshot and Checklist Buy Form

Chapter 06 expand

Interrelationships Among Federal and Massachusetts Leave Laws

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Sally L. Adams, Esq., Law Office of Sally L. Adams
Monica Snyder Perl, Fisher & Phillips LLP

Appendix

Additional Resources for Wage and Hours Law

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Appendix A

- Selected Massachusetts Laws Pertaining to Wage and Hour Issues Buy Form

Appendix B

- State Minimum Wage Rates Buy Form

Appendix C

- Department of Labor Employment Law Guide: Wages and Hours Worked, Minimum Wage and Overtime Pay Buy Form

Appendix D

- Questions and Answers About the FLSA Buy Form

Appendix E

- Questions and Answers About the Minimum Wage Buy Form

Author(s)