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Author Archives: Robert B. Feingold & Associates, P.C.

Digital Assets and Estate Planning

Good Morning, Digital assets have become a ubiquitous part of nearly all of our daily lives and yet Massachusetts remains one of the only states in the nation that has not yet passed laws to uniformly address how these important assets can be accessed in the event of the account-holder’s incapacity or death. While legislation […]

Using Your Personal Car For Work: Insure The Business Use Exclusion To Sleep Nights

We would like to bring to your attention an important automobile insurance issue.  If you use your personal vehicle for business purposes, you may not have full liability coverage if you cause an accident. If you use your car or truck to drive a client to lunch, drive with a co-worker to meetings, run a few […]

Nursing Home Expense and Irrecovable Trusts

Many people have transferred their homes into irrevocable trusts as a way of making themselves eligible for state assistance if they go into a nursing home. Most know that this has to be done five years before they enter the nursing home. What they may not know, but should, is that MassHealth has been declining […]

Vaccine Injuries

As we enter the height of the flu season here in southern New England, many of us have either received or plan to receive our flu vaccinations. While injuries arising from these vaccinations are infrequent, in certain circumstances they can cause very serious injuries, including allergic reactions, brachial neuritis, encephalopathy, Guillain-Barre Syndrome, and serious injection-related […]

Changes in Massachusetts’ Minimum Wage and the “Blue Law”

Changes in Massachusetts’ minimum wage and the “blue law” affecting premium pay for certain employees working on Sundays will go into effect on January 1, 2019. The minimum wage will go from $11 to $12 an hour, a result of a law passed last summer. The rate will go up 75 cents an hour every […]

Marijuana in the Workplace

While medical marijuana has been available to Massachusetts patients for some time, the Commonwealth has recently joined a growing number of states in decriminalizing marijuana sales and use under state law. See Mass. Gen. Laws Ch.94G §7. The exact words of the statute are informative: “(a) Notwithstanding any other general or special law to the contrary, except […]

Massachusetts Gun Licensing Law Upheld

On November 2, the Massachusetts Gun Licensing law, Mass. Gen. Laws Ch. 140, § 131, as applied in Boston and Brookline was upheld by the Federal First Circuit Court of Appeals in the case of Gould, et al. v. Morgan, et al. The firearm laws in those towns (like New Bedford) required applicants to show […]

Massachusetts Passes Non-competition Agreement Statute

After ten years of debate, the Massachusetts Legislature has passed and Monday the Governor signed a law regulating non-competition agreements. I have been drafting and litigating non-competition agreements for most of my career. It is fair to say that the new law represents a sea change benefiting employees. Some of the highlights of the statute […]

Are Online Reader/User Agreements Enforceable?

Have you ever wondered whether the user agreements you see online are enforceable in court? Have you ever read Apple’s or Amazon’s user agreements? Lately, agreement notices are being displayed on CNN indicating if you use the site, you are agreeing to its terms. Have you read the agreement? These agreements consent to cookies, which […]

Newpaper Delivery People are Employees, Not Independent Contractors

Last week, the Massachusetts Appeals Court held that Gatehouse Media, the company that owns the Patriot Ledger (and the New Bedford Standard Times) misclassified its newspaper delivery drivers as independent contractors and ruled that they were employees with all of the rights and protections afforded to employees. This is a very important decision and unless […]

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