In Massachusetts, the law is clear when it comes to an employer’s obligations to pay accrued vacation pay upon termination of employment. The Massachusetts Payment of Wages Law (Mass. Gen. Laws ch. 149, § 148) mandates that employers must pay out any accrued, unused vacation time as part of the employee’s final wages on their last day of work. Failure to comply with this law can result in significant penalties for employers, including the payment of triple damages and attorney’s fees to the affected employee. This was further reinforced by a ruling from the Massachusetts Supreme Judicial Court ..read more

The role of real estate brokers in Massachusetts has undergone significant changes recently. A landmark $418 million settlement with the National Association of Realtors (NAR) has introduced reforms that are expected to transform the American real estate market. This settlement, approved by a federal court, eliminates the standard 6% commission traditionally paid by seller and split between the seller’s and buyer’s agents. Now, sellers are not obligated to propose compensation to prospective buyers’ agents, which could lead to more competitive pricing and potentially lower costs for homebuyers ..read more

One of the most important steps to take when you are going through a divorce is to document the state and value of your marital assets. This can help you avoid disputes and ensure a fair division of property. One of the best ways to do this is to video the home and contents before you separate and vacate the marital home. Video recording is a simple and effective way to capture the condition and location of your belongings. It can also provide evidence of any damage or missing items that may occur after you leave. Video recording can also help you estimate the value of your assets, especially ..read more

Divorce is a difficult and stressful process that can affect many aspects of your life, including your finances. If you are going through a divorce, you may be wondering how to se,parate your finances from your spouse and protect your assets, income, and credit rating. Here are some steps you can take to make the process easier and smoother. 1. Gather all your financial documents. You will need to have a clear picture of your income, expenses, assets, debts, and liabilities. You will also need to have copies of your tax returns, bank statements, credit card statements, mortgage statements, loa ..read more

The simple answer to this question is that mere use of marijuana is legal and does not have any effect on a custody case. Marijuana and alcohol are both legal in Massachusetts. In custody cases, Marijuana is treated the same as alcohol. This means that proof of mere use means virtually nothing. However, in most contested custody cases where use of marijuana is raised, it is alleged that the person uses marijuana to excess. This is also what happens when allegations of alcohol use are raised in custody cases. Adults are allowed to enjoy alcohol and marijuana. They are not allowed to let alcohol ..read more

If you are going through a divorce and have children, you may wonder how the court will decide on custody and visitation issues. One factor that can affect the outcome of your case is whether you or your spouse have a problem with drugs or alcohol. When Can the Court Order Drug Testing? In Massachusetts, the court does not automatically order drug testing in child custody cases. The court’s main concern is to act in the best interest of the child, which means considering the child’s health, safety, education, and emotional well-being. If one parent has a history of substance abuse, a criminal ..read more

As your child prepares to enter college, you may be wondering what legal documents you should create to protect their interests and yours. While it may seem like a hassle, creating some basic legal documents can help you avoid potential problems and ensure that you can make important decisions for your child in case of an emergency. Once your child turns 18 years old the child is an adult and you no longer have any rights to make decisions for your child or access their information. Here are some of the legal documents you should consider creating for your child entering college. 1. Health Car ..read more

A proposed parenting plan is a document that outlines how you and your ex-spouse will share the responsibilities and rights of raising your children after a divorce. You divorce will be faster and easier if you write a clear and detailed parenting plan that reflects the best interests of your children and respects the wishes of both parents. Here are some steps to help you write a proposed parenting plan for your divorce: 1. Identify the main issues and goals. Think about what aspects of parenting are most important to you and your ex-spouse, such as custody, visitation, decision-making, commu ..read more

Massachusetts General Law Chapter 258E, also known as the Harassment Prevention Order Act, is a law that allows victims of harassment to obtain civil orders of protection from a court. Harassment is defined as three or more acts of willful and malicious conduct aimed at a specific person that causes fear, intimidation, abuse or damage to property. In the past, Judges applied the law when there existed a history of unwanted repetitive statements such as multiple phone calls, emails, texts, or social media messages. An example of this is the case of S.N. v. R.N. which was decided by the Massachu ..read more

If you are going through a divorce in Massachusetts, you might have heard of the term “discovery”. Discovery is a legal process that allows both parties to obtain relevant information from each other to support their claims and defenses in the divorce case. Discovery can help you and your spouse to have a clear understanding of each other’s financial situation, assets, liabilities, income, expenses, and other factors that might affect the outcome of your divorce. Discovery starts with what is known as “Mandatory self disclosure rule” which applies to both parties. This rule, also known as Supp ..read more