Andrea Sullivan

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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U.S. District Court in Massachusetts Weighs in on the ‘Material Change’ Doctrine and Nurse Noncompetition Exemption

A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023), has implications for the...more

9/21/2023 / Choice-of-Law , Confidentiality Agreements , Contract Terms , Limited Liability Company (LLC) , Material Change Doctrine , Non-Compete Agreements , Nurses , Personal Jurisdiction , Piercing the Corporate Veil , Restrictive Covenants

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements...more

1/5/2023 / Department of Labor (DOL) , Employer Liability Issues , Exempt-Employees , Fair Labor Standards Act (FLSA) , Minimum Wage , Opinion Letter , Remote Working , State Labor Laws , Travel Expenses , Travel Reimbursements

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were...more

8/1/2022 / ABC Test , Building Inspectors , Employment Litigation , Independent Contractors , Misclassification , Unemployment Insurance , Wage and Hour

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