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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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
25
2021
Massachusetts Supreme Judicial Court Approves Sales Tax Apportionment for Software McDermott Will & Emery
Aug
2
2012
New Flexibility for Pharmaceutical and Medical Device Companies in Massachusetts, but at a Price McDermott Will & Emery
Nov
27
2018
STAR Partnership and State Responses to GILTI McDermott Will & Emery
Apr
30
2020
Massachusetts Provides Flexibility For Ch. 180 Corporation Governance During COVID-19 McDermott Will & Emery
Mar
10
2023
Proposed Changes to Dsh Payment Calculation Regulations Could Impact 340B Hospitals McDermott Will & Emery
Apr
24
2016
Massachusetts Court Holds Department of Revenue’s Guidance to Be Unreasonable McDermott Will & Emery
Jun
28
2017
Massachusetts DOR Sending Letters to Sellers Regarding July 1 Effective Date of Economic Nexus Directive McDermott Will & Emery
Oct
24
2017
Massachusetts Court Upholds Record $2.6M Fine against Beer Distributor McDermott Will & Emery
Apr
22
2020
More Than $800M in Stabilization Funds for Massachusetts Medicaid Providers – Additional Details Released McDermott Will & Emery
Aug
4
2014
Massachusetts Early Mediation Program Changing the Tax Appeals Landscape McDermott Will & Emery
Feb
25
2015
States Respond to Recent Breaches with Encryption Legislation McDermott Will & Emery
Jun
29
2017
Massachusetts Department of Revenue Repeals Directive 17-1 McDermott Will & Emery
Nov
2
2020
The Jury Returns to D. Mass. 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)
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.
Mar
22
2022
White House Focuses on Pay Equity and Transparency Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
6
2017
Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
30
2017
Preparing for the New Massachusetts Equal Pay Law, Part II: Which Policies to Revise in Light of the Upcoming Effective Date Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
24
2019
Massachusetts Paid Family and Medical Leave Update: Private Plan Exemptions and Reminders on Notice Compliance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
23
2021
Massachusetts Supreme Judicial Court Rules in Favor of Worker Fired for Rebutting Negative Performance Improvement Plan Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
1
2022
Massachusetts COVID-19 Emergency Paid Sick Leave Act to End on March 15, 2022 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
2
2018
Massachusetts High Court Addresses Investors’ and Boards of Directors’ Liability Under the Wage Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
19
2018
Navigating the Legalization of Marijuana in Massachusetts: What Employers Need to Know Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
18
2019
Massachusetts Paid Family and Medical Leave: What Employers Need to Know Before July 1, 2019 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
20
2020
First Circuit Rules on Post-employment Restrictions as COVID-19 Restrictions Ease and Employees Return to Work Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
30
2021
Massachusetts COVID-19 Emergency Paid Sick Leave Extended to April 1, 2022 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
13
2022
The Latest in Multi-Jurisdictional Paid Sick Leave Compliance Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
31
2017
Massachusetts Veterans May Be Entitled to Paid Leave on Veterans Day Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2018
It’s Groundhog Day: Massachusetts Legislature Again Proposes Comprehensive Noncompete Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
9
2019
State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as Case Studies Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 

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