Massachusetts

The Commonwealth of Massachusetts is well-known for lobster, the New England Patriots and the Boston Red Sox. The state falls in the First Federal Circuit Court System. More than 80% of the New England residents live in the greater-Boston metro, making it the most populous and a highly influential city in the state’s history, industry, and academia. Both Harvard and the Massachusetts Institute of Technology (MIT) are in the Boston area and are ranked as two of the top universities nationally and worldwide.

The government of Massachusetts is laid out in the Constitution of the Commonwealth.  The state government, like the federal government, consists of three branches: executive, legislative and judicial. The executive branch is controlled by the governor and consists of over 150 state agencies. The governor also has a cabinet consisting of ten secretaries.  The legislative branch consists of the General Court, broken into two branches the Massachusetts Senate, which has 40 members, and the Massachusetts House of Representatives with has 160 members, and all members in both houses are up for election every two years.  Although a few remain, most county governments were dissolved in the 1990s and 2000s.

The judiciary of Massachusetts consists of the court of last resort, the Superior Court which is the court of last resort.  The Massachusetts District Court, also known as the District Court Department of the Trial Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases.  The Land Court has limited subject-matter jurisdiction related to real property. Massachusetts also has a Housing Court, Probate and Family Court, Juvenile Court and Boston’s Municipal Court.

Massachusetts is also known for its liberal legislation. On May 17, 2004 it became the first US state to legalize Same-sex marriage, after a state court determined that exclusion of same-sex couples right to a civil marriage was unconstitutional. On November 8, 2016, the state also legalized marijuana under the Marijuana Legalization Initiative.  Massachusetts has progressive laws related to employment and has passed an Equal Pay Ordinance and the Pregnant Workers Fairness Act, and legal analysis of both pieces of legislation are available on the National Law Review.

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Aug
17
2023
Trending in Telehealth: August 8 – 14, 2023 McDermott Will & Emery
Jun
5
2013
Genie in a Bottle? Filling the Budget Gap by Expanding Massachusetts’s Bottle Redemption Law McDermott Will & Emery
Jun
10
2014
Does the Massachusetts Department of Revenue Still Believe SaaS is Subject to Sales Tax? McDermott Will & Emery
Jul
16
2014
Allied Domecq: Nexus-Combined Reporting McDermott Will & Emery
May
14
2015
A Year’s Review of Massachusetts Tax Cases McDermott Will & Emery
May
5
2016
Massachusetts’ First Really Good Amnesty Program since 2002 McDermott Will & Emery
Aug
13
2018
New Restrictions on Using Non-Competes in Massachusetts – What You Need to Know McDermott Will & Emery
Mar
11
2013
Cloud Computing: The Answer Is Still ‘No’ McDermott Will & Emery
Apr
22
2013
Private Equity Firms Achieve Only Partial Dismissal of “Buying Club” Antitrust Lawsuit McDermott Will & Emery
Dec
19
2014
Pennsylvania Unwraps Final Market-Sourcing Guidance McDermott Will & Emery
Jun
17
2013
Massachusetts Department of Energy Resources (DOER) Unveils Emergency Regulation to Address Oversupply of Solar Applications McDermott Will & Emery
May
26
2015
Massachusetts Department of Revenue (DOR) May Lose Staff This Summer McDermott Will & Emery
Feb
8
2016
Massachusetts Department of Revenue Introduces Pilot Voluntary Disclosure Program McDermott Will & Emery
Mar
11
2019
Still No Right to Jury Trial -- MIT 401(K) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims McDermott Will & Emery
May
4
2020
Students Demand Tuition Reimbursement for COVID-19 Learning Disruptions Wiggin and Dana LLP
Mar
21
2020
Economic Relief for Businesses Impacted by Coronavirus (COVID-19) Wiggin and Dana LLP
Nov
5
2017
Massachusetts Adopts Minority Rule in Determining Priority Among Policies Wiggin and Dana LLP
Aug
31
2022
Massachusetts Contractor Retaliated Against Injured Immigrant Worker; Jury Awards $650K in Damages Norris McLaughlin P.A.
Dec
16
2014
Design Patent Case Digest: Reddy v. Lowe’s Companies, Inc. Sterne, Kessler, Goldstein & Fox P.L.L.C.
Oct
12
2012
Caitria and Morgan O’Neill Explain How to Help a Community Recover from Disaster Risk and Insurance Management Society, Inc. (RIMS)
Dec
1
2017
Massachusetts Once Again Is Considering Enacting Comprehensive Noncompete Legislation Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
1
2023
Massachusetts Paid Family and Medical Leave Program: December 2023 End-of-Year Update Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
16
2018
Massachusetts Attorney General Issues Guidance on New Equal Pay Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
29
2019
Massachusetts Supreme Judicial Court Rejects Nonunion Employees’ Challenge to Unions’ Exclusive Representation of Unit Employees in Collective Bargaining Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
30
2020
Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
16
2021
Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
4
2023
Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
29
2018
Massachusetts’s “Grand Bargain” Increases Minimum Wage, Ends Sunday Retail Premium Pay, and Provides Extensive Paid Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
1
2021
Massachusetts Appeals Court Reinforces Narrow Interpretation of Public Policy Exception to At-Will Employment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
21
2021
Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
16
2017
Massachusetts Superior Court Holds Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
6
2018
Massachusetts Passes Noncompete Reform Legislation Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
24
2019
Massachusetts Paid Family and Medical Leave: Final Regulations, Updated Notices, and Educational Sessions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
21
2021
Massachusetts SJC Rules That Employers May Hold Employees Liable for Violating Unfair and Deceptive Trade Practices Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
25
2018
Massachusetts Pregnant Workers Fairness Act Takes Effect on April 1, 2018 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
1
2018
Massachusetts Court Provides Guidance on Choice of Law and Forum Selection Clauses in Restrictive Covenants Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
24
2019
Massachusetts Paid Family and Medical Leave: Update on 1099-MISC Workers and State-Provided Training Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
23
2020
Un-PAUSE New York: What Empire State Employers Need to Know About Reopening the Workplace Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
18
2022
Massachusetts Supreme Judicial Court Holds That FLSA Preempts Wage Act Remedies for Federal Overtime Violations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
31
2022
Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
7
2018
Massachusetts Ban the Box 2018: Further Amendments to Criminal History and Hiring Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
13
2022
Massachusetts CROWN Act Goes Into Effect on October 24, 2022 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
31
2023
Massachusetts Department of Paid Family and Medical Leave Revises Guidance on Topping Off Benefits With Accrued Paid Leave Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
1
2018
Massachusetts Supreme Judicial Court Rules That Unused Paid Sick Leave Does Not Qualify as Wages Under the Commonwealth’s Wage Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
15
2020
Massachusetts Paid Family and Medical Leave: Draft Revisions to Regulations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
4
2021
Massachusetts COVID-19 Emergency Paid Sick Leave: What Employers Need to Know Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
6
2021
First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
22
2020
Massachusetts Paid Family and Medical Leave: Latest Updates Ahead of January 1, 2021, Effective Date Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
28
2022
Massachusetts COVID-19 Emergency Paid Sick Leave Act Expected to Terminate Before April 1, 2022, End Date Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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