Finally, April showers! Can anyone ever have too much mud? Let us hope that you don’t find that the articles in this month’s Miyares and Harrington newsletter add to the total volume. We welcome Andrew Bentinelli as an associate to our firm. Andrew comes to us from the State House, where he served as Sen. Will Brownsberger’s Chief of Staff, and thus provides a unique perspective for our practice that we anticipate our clients will find valuable. Be sure to say hello when you
Long-time readers of this newsletter may remember an article from July 2015 discussing the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, Arizona, 576 U.S. 155 (2015), which upended most of our understanding regarding the constitutionality of local sign regulations. In that decision, Justice Thomas articulated a bright line rule for determining if a municipal sign regulation was subject to strict constitutional scrutiny under the First Amendment: In essence, if on
The Massachusetts Supreme Judicial Court (SJC) recently reiterated the draconian penalties under even an unintentional violation of the Massachusetts Wage Act, a cautionary tale affecting all Massachusetts employers, including municipalities. In Reuter v. City of Methuen, the SJC ruled that, when an employee is terminated from employment, the employer will be liable for treble damages plus interest and attorneys’ fees and costs in the event of even a minor miscalculation or
On April 14, 2022, the Supreme Judicial Court held, in Devaney v. Zucchini Gold, LLC, that employees who assert wage claims available only under the federal Fair Labor Standards Act (“FLSA”) cannot recover the enhanced remedies available under the Massachusetts Wage Act. The plaintiffs were restaurant workers who routinely worked more than 40 hours a week. They filed a lawsuit alleging, among other things, violations of the FLSA for failure to pay overtime wages and violation
Outdoor Dining and Takeaway/Delivery of Alcohol As part of an omnibus appropriations bill, the Governor signed into law extensions of COVID-19 changes to outdoor dining and alcohol consumption. Outdoor dining and on-premises alcohol licensees may continue takeaway or delivery of alcohol are both extended until April 1, 2023.