Product Description

Recent updates:

• Update: March 2024

  Dear Subscriber:

  Thank you for updating your library with the 2024 edition of Massachusetts Employment Law . This latest version brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this edition include

  • the signing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, making predispute mandatory arbitration provisions unenforceable in sexual assault and sexual harassment cases arising after March 3, 2022;

  • numerous cases defining the circumstances under which covenants not to compete may be enforced;

  • the imposition of a stay when a motion to compel arbitration is subject to an interlocutory appeal;

  • a Supreme Judicial Court case clarifying the scope of the public policy exception in wrongful termination actions;

  • employers’ liability for treble damages despite payment of overdue wages prior to the filing of a lawsuit;

  • the use of state tort law claims against striking workers who fail to take “reasonable precautions” to protect their employer’s property;

  • application of the Family and Medical Leave Act to mental health conditions;

  • the burden of proof in establishing an employer’s intent in a whistleblower case brought under the Sarbanes-Oxley Act;

  • recent case law addressing religious discrimination claims and what constitutes an “undue hardship” for an employer presented with a request for religious accommodation;

  • distinctions between the Americans with Disabilities Act (ADA) and G.L. c. 151B on the law governing the reassignment of disabled employees;

  • enactment of the Pregnant Workers Fairness Act in 2023 (accommodation for pregnancy-related limitations that would not qualify as a “disability” for purposes of the ADA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act in 2022; and

  • developing law on the distinctions between employees and independent contractors.

  We trust that you will find this latest version of Massachusetts Employment Law an invaluable resource for your busy practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Evolution of Chapter 93A: National and Local Authority

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Donna L. Palermino, Esq.,

Chapter 02 expand

Bases for Liability Under Chapter 93A—Principles of Unfairness and Deception

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Jeffrey Gribouski, Esq.,
Patrick S. Tracey, Esq., Saul Ewing LLP

Chapter 03 expand

Public Enforcement

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Donna L. Palermino, Esq.,

Exhibit 3A

- Attorney General Letter to Gilead Buy Form

Exhibit 3B

- CID: Marketing and Sale of Insurance Policies to Business Owners Buy Form

Exhibit 3C

- CID: Sale and Financing of Home Improvement Repairs Buy Form

Exhibit 3D

- CID: Motor Vehicle Leases Buy Form

Exhibit 3E

- AOD: The Commonwealth and TD Bank, N.A. Buy Form

Exhibit 3F

- AOD: Force-Placed Insurance Premiums Buy Form

Exhibit 3G

- AOD: The Commonwealth and Viridian Energy, LLC Buy Form

Chapter 04 expand

Damages in Chapter 93A Cases

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Angela Bunnell, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP
David G. Thomas, Esq., Greenberg Traurig LLP
James M. Vant, Esq.,
Mian R. Wang, Esq., Greenberg Traurig LLP

Chapter 05 expand

Initiating Chapter 93A Litigation

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Roger J. Bertling, Esq., Harvard Law School

Exhibit 5A

- Sample Demand Letter Buy Form

Exhibit 5B

- Sample Complaint Buy Form

Chapter 06 expand

Defenses and Exemptions

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Checklist 6.1

- Checklist of Chapter 93A Responses and Defenses Buy Form

Chapter 07 expand

Discovery and Trial Preparation

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Kenneth C. Pickering, Esq., Pickering Legal LLC

Exhibit 7A

- Sample Litigation Budget Buy Form

Exhibit 7B

- Trial Notebook—Index Buy Form

Exhibit 7C

- Sample Discovery Hypothetical Buy Form

Exhibit 7D

- Chronology Buy Form

Exhibit 7E

- Exhibit Checklist Buy Form

Exhibit 7F

- Proof Checklist Buy Form

Exhibit 7G

- Interrogatories Buy Form

Exhibit 7H

- Request for Production of Documents Buy Form

Exhibit 7I

- Request for Admissions Buy Form

Chapter 08 expand

Chapter 93A Actions: An Overview of Common Issues

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Kyle Bjornlund, Esq., Cetrulo LLP
Lawrence G. Cetrulo, Esq., Cetrulo LLP

Chapter 09 expand

Motor Vehicle Complaints Under Chapter 93A

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Diane L. Lawton, Esq.,

Chapter 10 expand

Chapter 93A Litigation Involving Debtor-Creditor Issues

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Nathaniel J. Hyman, Esq., Arent Fox LLP
Adam L. Littman, Esq., ArentFox Schiff LLP
Nicholas J. Nesgos, Esq., ArentFox Schiff LLP

Checklist 10.1

- Unfair or Unconscionable Conduct in Collecting or Attempting to Collect Debt (209 C.M.R. § 18.19) Buy Form

Checklist 10.2

- Examples of Conduct Constituting Harassment or Abuse by Collection Agencies Buy Form

Checklist 10.3

- Deceptive Debt Collection Acts or Practices Relating to False or Misleading Representations (209 C.M.R. § 18.18) Buy Form

Chapter 11 expand

Real Estate Transactions

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Christopher P. Maffucci, Esq., Casner & Edwards LLP

Exhibit 11A

- Sample Chapter 93A Claim Letter Buy Form

Exhibit 11B

- Sample Chapter 93A Response Letter Buy Form

Chapter 12 expand

Business Remedies Under Chapter 93A

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Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Checklist 12.1

- Defenses for Chapter 93A Claims Buy Form

Chapter 13 expand

Chapter 93A and the Insurance Industry

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Michael T. Maroney, Esq., Holland & Knight LLP

Exhibit 13A

- Chronological Digest of Published Decisions Involving Chapter 93A Claims Against Insurers Buy Form

Exhibit 13B

- List by Court and Date of Published Decisions Involving Chapter 93A Claims Against Insurers Buy Form

Exhibit 13C

- Chapter 580: An Act Further Regulating Damages Under the Consumer Protection Act Buy Form

Chapter 14 expand

Products Liability Claims and Chapter 93A

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Joshua S. Grossman, Esq., Davis, Malm & D'Agostine, PC

Checklist 14.1

- Required Elements of a Chapter 93A Demand Letter in a Products Liability Case Buy Form

Exhibit 14A

- Key Cases Interpreting Chapter 93A (Listed Alphabetically) Buy Form

Exhibit 14B

- Key Cases Interpreting Chapter 93A (Listed by Topic) Buy Form

Appendix

Chapter 93A Resources

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Author(s)