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  • Estate Planning
    • Guide To Estate Planning Content >
      • Estate Planning Guide Overview
      • Essential Estate Planning Documents Guide
      • Asset Protection Guide
      • Guide to How to Make a Will
      • Estate Planning in Unique Circumstances Guide
      • Guide to Death of a Loved One
    • Asset Protection >
      • Asset Protection Trusts
      • Massachusetts Estate Tax >
        • Preparing for Massachusetts Estate Tax
        • Inheritance Tax
      • The Challenge of Planning for Assisted Living >
        • Summary of Long Term Care Issues >
          • Understanding Medicaid Trusts
          • Assisted Living FAQs
          • Life Estates in Massachusetts
          • Assisted Living Planning Guide
          • Long Term Care Free Report
      • Protecting Your Legacy >
        • What is a Legacy
        • Massachusetts Probate Court Process
        • Threats to Your Legacy: What Not To Do >
          • Online Wills
          • Do It Yourself Will
          • Dying Without a Will
          • Inheritance Without a Will Intestacy Laws
    • Estate Planning Why When and How >
      • What You Can Achieve With an Estate Plan
      • Who Needs an Estate Plan >
        • The Case for Estate Planning
        • What's Stopping You From Creating a Will
      • When Do You Need an Estate Plan >
        • Estate Planning Guide for Every Life Stage >
          • Estate Planning for Young Adults
          • Estate Planning for Young Families
          • Estate Planning in MIddle Age
          • Estate Planning in Retirement Age
        • Guide to Specific Estate Planning Circumstances >
          • Children with Special Needs >
            • Special Needs Trust
          • Estate Planning for Blended Families
          • Estate Planning for a Non Citizen Spouse
          • Estate Planning and Divorce
          • LGBTQ+ Estate Planning
          • Estate Planning for Small Business Owners
          • Estate Planning for Digital Assets
        • When to Update Your Estate Plan
      • End of Life and Loss >
        • End of Life Planning Essentials >
          • End of Life Planning Checklist
          • Is it too late to change estate planning documents
          • Durable Power of Attorney End of Life Planning
          • Understanding the Health Care Proxy
          • MOLST Form
        • Death of a Loved One Guide >
          • Death of a Loved One Checklist
          • Death of a Loved One Legal Steps
          • Funeral Planning and Preplanning
      • Getting Started With Your Estate Plan >
        • Mental Capacity to Make a Will
        • How to Make an Estate Plan
        • Estate Planning Resources
      • Busting Estate Planning Myths
    • Wills Trusts and Other Essential Estate Planning Documents >
      • Last Will and Testament >
        • Personal Representative
        • Choosing an Executor or Trustee
        • Changing Your Will With a Codicil
        • Holographic Wills
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
        • Realty trust
      • Wills and Trusts Compared
      • Massachusetts Health Care Proxy
      • Durable Power of Attorney >
        • Durable Power of Attorney Limits
        • Springing vs. Durable Power of Attorney
      • Living Wills
      • Massachusetts Pet Trust
      • Beyond the Will: Enhancing Your Estate Plan >
        • Is Your Will Enough
        • Surviving Spouse's Share
        • Disinheriting Children Massachusetts
    • Estate Planning Case Studies >
      • Couples Estate Planning Case Study
      • Proactive Estate Planning Case Study
      • Estate Tax Planning Case Study
      • Estate Planning Case Study: Asset Protection
      • Estate Planning Case Study: Pets
      • Estate Planning Case Study Guardians
      • Estate Planning Case Study Codicil
      • Estate Planning Case Study Unique Wishes
      • Estate Planning Case Study Family Financial Future
      • Estate Planning Case Study Business Succession
      • Estate Planning Case Study Blended Family
      • Estate Planning Case Study Medicaid Trust
      • Estate Planning Case Study Non Traditional Bequests
      • Estate Planning Case Study Predeceased Child
      • Estate Planning Case Study Changed Circumstances
      • Estate Planning Case Study Estate Tax Planning for Married Couple
      • Estate Planning Case Study Safeguarding Assets
    • Working With Our Estate Planning Team >
      • Estate Planning Lawyers
      • estate planning free workshop
      • New Client Intake Estate Planning >
        • Estate Plan consult FAQs
      • Initial estate planning assessment at slnlaw
      • Creating Your Estate Plan
      • Estate Planning Process Overview
    • Estate Planning FAQs >
      • What is the difference between a will and a trust
      • Can a will avoid probate
      • Why do you need a will if you have a trust
      • What happens if you die without a will
      • Can you choose who gets assets without a will
      • What is a life estate
      • How is a life estate different from a trust
      • Can a life estate be changed
      • Is my estate plan private
      • Can you make a will without a lawyer
      • Should You Use an Online Will Service
      • What are the risks of a do it yourself will
      • How can I change my will
      • Can you disinherit a child
      • Can you disinherit a spouse
      • A surviving spouse's share of a Massachusetts estate
      • How can you leave assets to someone with special needs
      • Can you provide for a pet in your estate plan
      • What are the key elements of a good estate plan
      • What documents do you need in your estate plan
      • The difference between revocable and irrevocable trusts
      • What mental capacity is required to make a will
      • How can you protect assets from assisted living costs
      • What is medicaid planning
      • What is the Massachusetts estate tax
      • Who has to worry about estate taxes
      • How to use gifts to reduce estate tax
      • What is inheritance tax
      • ​Is there inheritance tax in Massachusetts?
      • When are Massachusetts estate taxes due
      • How does a health care proxy work
      • Massachusetts law about living wills
      • Is a MOLST the same as a health care proxy
      • ​How does a durable power of attorney work?
      • Can a power of attorney make medical decisions
      • When should you update your estate plan
      • Do you need to change your will after divorce
      • Special circumstances in estate planning
      • What is a personal representative
      • Is a personal representative the same as an executor
      • Can I access my parents accounts after they die
    • Probate Process >
      • Why Do You Have to Probate an Estate
      • When Do You Have to Probate an Estate
      • Who Do You Need to Help Probate an Estate
      • Non Probate Assets >
        • Beneficiary Designations
    • Probate FAQs >
      • What is probate
      • Why you have to probate an estate
      • How to probate an estate
      • Do you need a lawyer for probate
      • What assets have to go through probate
      • What assets can pass without probate
      • How to change title to real property after a spouse dies
      • How to start the probate process
      • What is the deadline to probate an estate
      • Creditors' deadline to claim against a Massachusetts estate
  • Employment Law
    • Guide To Employment Law Content >
      • Employment Law Services Guide
      • Employment Policies and Contracts Guide
      • Non Compete Agreement Guide
      • Employment Termination Guide
      • Employment Discrimination and Harassment Guide
      • Disability and Illness in Employment Guide
      • Wage and Hour Law Guide
      • Independent Contractor Law Guide
      • Employment Litigation Guide
      • Severance Agreement Guide
      • Employer Resource Guide
    • Advice for Employers >
      • Dealing With a Problem Employee >
        • Fair Treatment as Risk Management
        • Prompt Action With Problem Employees
        • Wage and Hour Compliance in Employee Terminations
      • Employer's Guide to Discrimination Harassment and Retaliation >
        • Workplace Discrimination Employer Guide
        • Responding to a Sexual Harassment Complaint
        • Navigating an Employment Discrimination Lawsuit
        • Employer's Guide to Retaliation Laws
        • Equal Pay Act for Employers
      • Employer's Guide to Employee Illness and Family Leave >
        • Paid Family Leave and Your Small Business
        • Employer's Guide to Parental Leave Laws
        • Employer's Guide to the Earned Sick Time Law
        • Employer's Guide to Reasonable Accommodations
      • Employer's Wage and Hour and Classification Guide >
        • Employer's Guide to Wage and Hour Laws
        • Employer's Guide to Wage Deductions
        • Overtime Law for Employers >
          • Calculating Overtime Pay
        • Employee Complaints About Pay
        • Navigating a Wage and Hour Lawsuit
        • Hiring Independent Contractors in Massachusetts
      • Employer's Guide to Employment Contracts and Handbooks >
        • Employee Non Competes >
          • Non Compete for Independent Contractors
          • Beware the Free Non Compete
        • Employee Handbook >
          • Employee Handbook Basics
          • Personnel file law
          • Employer's Guide to Termination Provisions
      • Employer's Termination Guide >
        • Overview of Employment Termination Laws
        • Should You Offer Severance Pay
        • Final Paycheck Rules
        • Termination Best Practices
        • Employer Required Vaccinations Legal Considerations
      • Employment Law Case Studies >
        • Employee Non Solicit Case Study
        • Employment Termination Case Study
        • Wage and Hour and Travel Time Case Study
        • Multistate Wage and Hour Compliance Case Study
        • Termination and Unemployment Case Study
      • Employment Defense Case Studies >
        • MCAD Defense Case Study
        • Race Discrimination Defense Case Study
        • Wage Act Defense Vacation Pay Case Study
        • Defense of Wage Act Claim Case Study
        • Wage Act and Freezeout Case Study
      • Employer FAQs >
        • What employee policies do I need
        • Can you use 1099 employees in your business
        • What are the risks of hiring someone with a non compete
        • What employees are exempt from overtime
        • What employees are protected from discrimination
        • Should you use non compete agreements in your business
        • Do you have to provide paid sick time to employees
        • What are your obligations under the MA PFMLA
        • Can you reduce an employee's compensation
        • Are bonuses or commissions covered by the Wage Act
        • Do you have to give paid vacation to employees
        • Can you pay employees based on their sales
        • How should you respond to an employee request for a personnel file
        • What do employers need to know about unlawful retaliation
        • What is a restrictive convenant in an employment agreement
        • What are invention assignment and work for hire agreements
        • Should you use employment contracts in your business
        • How often do you have to pay employees
        • How should you respond to employee complaints about pay
        • Do you have to provide health insurance to employees
        • Is an employee handbook a contract?
        • What is your liability for misclassifying an independent contractor
        • What wages need to be paid on the day of termination
    • Advice for Employees >
      • Overview of Discrimination Harassment and Retaliation >
        • Discrimination in the Workplace >
          • Gender Discrimination >
            • Gender Discrimination Case Studies >
              • Gender and Equal Pay Case Study
              • Gender and Age Discrimination Case Study
              • Gender and National Origin Discrimination Case Study
              • Gender and Disability Discrimination Case Study
              • Office Manager Gender Discrimination Case Study
          • Age Discrimination >
            • Age Discrimination Case Studies >
              • Age Gender and Disability Discrimination Case Study
              • Age and Disability Discrimination Case Study
              • Age Discrimination Case Study Fitness Center
              • Age and Disability Discrimination Case Study Sales Representative
          • LGBTQ Discrimination
          • National Origin Discrimination
          • Race Discrimination >
            • Race and National Origin Discrimination Case Studies >
              • Race Discrimination Private College Case Study
              • Race Discrimination in a Bank Case Study
              • National Origin Discrimination Scientist Case Study
              • Case Study:National Origin Discrimination Commercial Bakery Case Study
              • Race Discrimination Education Case Study
              • Race Discrimination Human Resources Case Study
          • Disability Discrimination >
            • Disability Discrimination in Public Places
            • Reasonable Accommodations for Disability
            • Disability Discrimination FAQs
            • Disability Discrimination Case Studies >
              • Disability Discrimination Seizures Case Study
              • Disability Discrimination Health Care Worker Case Study
              • Disability Discrimination PTSD Case Study
              • Disability Discrimination Epilepsy Case Study
              • Disability Discrimination Workplace Injury Case Study
        • Employee Illness and Family Leave >
          • Massachusetts Paid Family Leave >
            • Paid Family Leave Basics
            • Paid Family Leave Military Families
            • Paid Family Leave Self Employed
            • Parental Leave
            • Medical Leave Case Studies >
              • Pregnancy Leave
              • Leave for Anxiety
              • Mental Health Leave
              • Leave for Fibromyalgia
          • Employee Illness and Disability
          • Earned Sick Time Law
        • Unlawful Retaliation >
          • Reporting Discrimination Retaliation Guide
          • Sexual Harassment Retaliation Guide
          • PFMLA Retaliation Guide
          • Earned Sick Time Retaliation Guide
          • Wage and Hour Retaliation Guide
          • Workers Compensation Retaliation Guide
          • Public Employee Whistleblower Retaliation Guide
          • Health Care Worker Whistleblower Retaliation Guide
          • Retaliation Case Studies >
            • Retaliation for Wage Complaint for Immigrant Case Study
            • Sexual Harassment Retaliation Case Study
            • Health Care Whistleblower Retaliation Case Study
            • Earned Sick Time Retaliation Case Study
            • Workers Compensation Retaliation Case Study
            • Family Medical Leave Retaliation Case Study
        • Sexual Harassment at Work >
          • Sexual Harassment Resources
          • Sexual Harassment in a Small Business
          • Reporting Sexual Harassment to Your Employer
          • Constructive Discharge
          • Sexual Harassment and Non Disclosure Agreements
          • Sexual Harassment and Remote Work
          • Sexual Harassment Case Studies >
            • Sexual harassment in a restaurant case study
            • Sexual harassment in a dentist office case study
            • Sexual harassment in a consulting company case study
            • Sexual harassment by Zoom case study
            • Sexual harassment by a church case study
            • Sexual harassment in a residential care facility case study
        • Equal Pay Act >
          • Equal Pay Act FAQs
          • Equal Pay Audit
        • Your Discrimination Case
      • Employment Transitions: Termination and Resignation >
        • Employment Termination >
          • Final Pay in Massachusetts
          • Performance Improvement Plan
          • Remote Work Post Pandemic
          • What is Wrongful Termination
          • What to Do if You Are Fired
          • Proving Employment Discrimination
          • Retaliatory Termination for Reporting Discrimination
          • How to Bring a Discrimination or Harassment Lawsuit >
            • Removing an MCAD Complaint
            • Removing an EEOC Complaint
          • Termination as Breach of Fiduciary Duty
        • Severance Pay >
          • Evaluating Severance Agreement
          • What is Reasonable Severance
          • Negotiating Severance
          • Severance Pay and Unemployment in Massachusetts
          • How an Attorney Can Help With Severance
          • Severance Agreement Checklist
          • Rejecting a Severance Agreement
        • Severance Consideration Period
        • How to Leave a Job >
          • Voluntary Resignation and Unemployment
          • Resigning Due to Workplace Harassment
          • Choosing to Resign Instead of Being Fired
          • Quitting a Job Without Notice
      • Non Competes and Other Employment Contracts >
        • Non Compete Agreements >
          • Are non competes enforceable
          • How does a furlough affect a non compete
          • Massachusetts Non Compete Act
          • Non competes signed before the Non Compete Act
          • Non compete lawyers at slnlaw
          • Understanding the Scope of Your Non-Compete Agreement
          • Is the geographic scope of a non compete reasonable
          • Is the time restriction in a non compete reasonable
          • Should you sign a non compete
          • Signing a non compete after starting employment
          • Severance Agreements and Non Competes
          • Non Competes and the Sale of a Business
          • Navigating a Non Compete in Your Job Search
          • Non Compete and Legitimate Business Interests >
            • Trade Secrets and Confidential Information
            • Employer Goodwill and Non Compete Agreements
          • Non Compete Case Studies >
            • Non Compete Blocking Start Up
            • Hair Salon Non Compete
            • Sales and Service Non Compete
            • Non Compete and Independent Contractor
            • Repair and Maintenance Worker Non Compete
            • Market Analyst Non Compete
            • Young Salesperson Non Compete
          • Defending a Non Compete Lawsuit >
            • Responding to a Cease and Desist Letter
            • Non Compete Lawsuit FAQs
          • Non Compete Defenses in Massachusetts
          • Non Compete and Garden Leave
          • Legal Claims Against Employer for Abuse of a Non Compete
          • Non Compete Enforcement as Tortious Interference
        • Employment Contracts in Massachusetts >
          • Restrictive Covenants >
            • Non Solicit Agreements
            • Employee Non Disclosure Agreements
            • Invention Assignment Agreements
          • Employment Arbitration Agreements
          • Employer Repayment Demands
          • Enforcing an Employer's Promises
          • Termination Provisions in an Employment Contract
      • Independent Contractor Law >
        • 5 Myths About Independent Contractors
        • Independent Contractor Test >
          • How the Massachusetts Independent Contractor Test Differs from the IRS Test
          • Damages for Independent Contractor Misclassification
        • Working As Independent Contractor
        • Independent Contractor Law in Specific Jobs
        • Independent Contractors and Paid Family Leave
        • Independent Contractor Case Studies >
          • Physician Independent Contractor
          • Delivery Driver Independent Contractor
          • Unemployment Benefits for Independent Contractor
          • Set Builders Classified as Independent Contractor
          • Fitness Instructor Independent Contractor
          • Cosmetic Sales Independent Contractor
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Summary of Wage and Hour Laws >
          • Common Wage and Hour Violations in Massachusetts
          • Massachusetts Minimum Wage >
            • Minimum Wage and Commission Pay
            • Tipped Minimum Wage Rules in Massachusetts
            • Minimum Wage FAQs
          • Understand Your Wage and Hour Rights
        • Massachusetts Wage Act >
          • Late Payment of Wages
          • Wage Deductions
          • Paid Time Off Under the Wage Act
          • Payment of PTO After a Change in Vacation Policy
          • Can an Employer Reduce Your Pay
          • Right to Sue for Unpaid Wages
          • Wage Act Triple Damages
          • Wage Act Case Studies >
            • Unpaid work on furlough
            • Wages Withheld for Cashflow Reasons
            • Nonpayment of part time employee
            • Unpaid vacation pay
            • Retroactive Change in Commission Policy
            • Unpaid commissions
        • Overtime Law >
          • Overtime Exemptions
          • 2020 Increase in Minimum Salary to be Overtime Exempt
          • Employee Travel Time
          • How to calculate overtime pay
          • Federal or State Overtime Law >
            • Massachusetts Overtime Exemptions
            • Comparison of Federal and State Overtime Exemptions
          • Overtime Law Case Studies >
            • Overtime for Line Supervisor
            • Overtime for Sandwich Maker
            • Attempt to Evade Overtime by Separate Paychecks
            • Overtime for a Technician
            • Overtime for an Independent Contractors
            • Overtime for Store Manager
        • Commission Pay in Massachusetts >
          • Commission or Bonus Under the Law
          • Commission Payments and Employment Termination
          • Minimum Wage Considerations for Commission Based Employees
          • Deductions from Commissions
          • Monthly or Quarterly Payment of Commissions
          • Commission Pay Case Studies >
            • Retroactive Commission Cuts
            • Commissions Delayed on Termination Case Study
            • Unjust Commissions Deductions Case Study
            • Commissions and Customer Refunds
      • Unemployment in Massachusetts >
        • Massachusetts Unemployment Benefits
        • Unemployment Overpayment
        • Massachusettts Unemployment FAQs >
          • What should you do if you are denied unemployment
          • Who is eligible to collect unemployment
          • When should you apply for unemployment
          • Does severance pay affect your unemployment benefits
          • Can you collect unemployment if you quit
          • Do you need to keep certifying while your unemployment appeal is pending
          • What happens at an unemployment appeal hearing
          • What can you do it your unemployment appeal is denied
          • What are you owed if you win your unemployment appeal
          • how do you request a waiver of unemployment overpayment
          • What are your rights if you receive an unemployment overpayment notice
          • Can you collect unemployment if you quit after your job changes
          • Can you collect unemployment if you quit for health reasons
        • Unemployment Case Studies
        • Working With Our Unemployment Team >
          • Unemployment Lawyers
          • Unemployment New Client Intake and Consultation Employment
          • Unemployment Assessment
          • Unemployment Representation
    • Working With Our Employment Law Team >
      • Employment Lawyers at slnlaw
      • Employment Case Assessment
      • Employer Case Assessment and Strategy
      • New Client Intake and Consultation Employment >
        • Employment Consult FAQs
    • Employment Law FAQs >
      • Non Compete FAQs >
        • What is a non compete
        • What is the Massachusetts Non Compete Act
        • Are non competes enforceable
        • Does the new non compete law apply to your agreement
        • Does MA non compete law apply to out of state employer
        • Is a pre 2018 non compete enforceable
        • Is your non compete enforceable
        • What is a legitimate business interest supporting a non compete
        • What is employer goodwill
        • What consideration is required for a non compete
        • How much time should you have to consider non compete
        • Is a non compete enforceable if you are laid off
        • Does a change in pay affect your non compete
        • Does it matter if the employer did not sign the non compete
        • Is a pre 2018 non compete enforceable if you are fired without cause
        • Can an independent contractor be held to a non compete
        • Can a health care professional be held to a non compete
        • How long can a non compete restriction last
        • Is a non compete clause in a severance agreement enforceable
        • Can you be held to a non compete if you are non exempt from overtime
        • What is Garden Leave
        • Difference between garden leave and a notice period
        • How much should garden leave be
        • Is a non compete void without garden leave
        • Should you have a lawyer review your non compete
        • What is the difference between a non solicit agreement and a non compete
        • What to do if you get a cease and desist letter
        • Can your new employer be sued for your non compete
        • Can you sue a former employer for using a non compete to interfere
        • Example non compete cases
      • Independent Contractor FAQs >
        • What is an independent contractor
        • What is the three part test
        • What does it mean to be free from control and direction as an independent contractor
        • What is the core business of the employer for the independent contractor test
        • What does it mean to be in the business of providing services to others
        • Who is liable for misclassification
        • What is your status if the three part test is not met
        • What happens if an independent contractor is not paid on time
        • Can an independent contractor collect unemployment
        • Can you be considered an employee if you have your own LLC
        • What you should know about working as an independent contractor
        • Exceptions to the independent contractor law
        • What are the rules about paying independent contractors
        • Can an employee agree in writing to be an independent contractor
        • Can an independent contractor sue for discrimination
        • Can a part time worker be an independent contractor
        • Can you hire independent contractors in a probationary period
        • Do you have to pay benefits if you change someone to an employee
        • What you should know about hiring independent contractors
        • What compensation are you missing as an independent contractor
        • How is Massachusetts independent contractor law different from the IRS test
        • Can an independent contractor get paid family medical leave
      • Wage Act FAQs >
        • What is the Wage Act
        • Who is covered by the Wage Act
        • When are wages due
        • What can you do if you were not paid on time
        • Can your employer reduce wages or commissions
        • Can you be paid on a commission only basis
        • Are commissions subject to the Wage Act
        • When should you be paid commissions
        • What happens to earned commissions if the comission policy changes
        • Is unused vacation time covered by the Wage Act
        • Can your employer take away vacation time by changing policies
        • What has to be paid at termination
        • When is a final paycheck due
        • What can be legally deducted from your paycheck
        • What travel time is paid time
        • Do wage and hour laws apply to on call time
        • Is your classification as an independent contractor legal
        • What is the Massachusetts minimum wage
        • Who is exempt from minimum wage
        • What is the difference between the wage act and minimum wage laws
        • What is the minimum wage for tipped emplyees
        • What are the rules about tip pooling
        • Is there a small business exception to minimum wage
        • Examples of Wage Act violations
        • Can you be fired for making a wage and hour complaint
        • What damages can you get for late or unpaid wages
      • Commission Pay FAQs >
        • What is commission pay
        • Are commissions wages
        • When is commission earned under the Wage Act
        • Can your employer define when a commission is earned
        • When are commissions earned without a policy
        • What is the difference between a commission and a bonus
        • Can commissions be paid quarterly or annually
        • Can your employer deduct expenses from commissions
        • What commissions are you owed at termination
        • How do final paycheck laws affected commission based employees
        • Does minimum wage apply to commission based employees
        • How do overtime laws affect commission based employees
      • Overtime FAQs >
        • Who is exempt from overtime
        • Are all salaried employees exempt from overtime
        • Are highly paid employees exempt from overtime
        • What is the minimum salary for overtime exemption
        • What is a bona fide executive
        • What is a bona fide professional
        • What is a bona fide administrative employee
        • Are store managers exempt from overtime
        • Does overtime law apply to truck drivers
        • Are shift supervisors exempt from overtime
        • What counts as a week for overtime
        • Does travel time count toward overtime hours
        • Does on call time count toward overtime hours
        • How to calculate the overtime premium rate
        • What is the fluctuating work week method of calculating overtime
        • Do overtime laws apply to independent contractors
        • How does Massachusetts overtime law compare to federal
        • What is overtime
        • Which employers have to pay overtime
        • What does exempt mean
        • Does overtime apply to restaurant and hotel workers
        • How is overtime calculated in biweekly payroll
        • Can an employer forbid overtime
        • Do you have to pay employees for unauthorized overtime
        • Can you fire an employee for unauthorized overtime
        • Who is responsible for tracking overtime hours
        • How can you control overtime with remote workers
        • Who enforces the overtime laws in Massachusetts?
        • What remedies can an employee get for unpaid overtime?
        • What is the overtime statute of limitations
      • Employment Termination FAQs >
        • What is employment at will
        • What is constructive discharge
        • Can you fire an employee without prior warning
        • What is employment discrimination
        • What is unlawful retaliation
        • Can employment termination be a breach of fiduciary duty
        • Can you be forced to return from remote work
        • Can you be fired for refusing the COVID vaccine
        • Can you collect unemployment if you are fired for cause
        • What are your rights at termination
        • What final pay are you owed at termination
        • When should you get your final paycheck
        • Should you be paid commissions at termination
        • What if your final paycheck is late
        • Does my employer have to give me severance pay
        • Should I sign a severance agreement
        • If you sign a severance agreement can you collect unemployment
        • What you should do if put on a performance improvement plan
        • What are best practices for firing an employee
        • Can you enforce a promise made by an employer
      • Severance Package FAQs >
        • What is a severance agreement
        • What is a reasonable amount of severance pay
        • How to evaluate a severance agreement
        • How do you know if you have legal claims you are releasing
        • How do you know what your legal claims might be worth
        • How much time should you have to consider a severance agreement
        • What does the release of claims in your severance mean
        • Can you negotiate severance terms
        • Can Your Employer Hold Vacation Pay Until You Sign a Severance Agreement?
        • Is new non compete language in a severance agreement enforceable
        • Is there a difference between lump sum severance and salary continuation
        • What are your options if you don't want to release claims
        • What does the non disparagement clause in your severance mean
        • What does the cooperation clause in your severance mean
        • Why is there a revocation period in your severance agreement
        • What if the severance agreement asks for affirmation of a non compete
        • What happens if you don't respond by the severance deadline
      • Employment Discrimination FAQs >
        • What is discrimination
        • What is wrongful termination?
        • Can I be fired without a reason
        • What are protected classes
        • What is a hostile work environment
        • Am I protected if I report discrimination
        • What is disability under the ADA
        • Does an employer have to accommodate your disability
        • What is perceived disability discrimination
        • What is Gender Discrimination
        • Can a female discriminate against another female
        • What is the law when men are paid more than women
        • Is it unlawful to discriminate based on sexual orientation or gender identity
        • Is sexual harassment considered discrimination
        • How to identify race discrimination
        • Can people of the same race discriminate against each other
        • Is harassment based on race or national origin illegal
        • What is the difference between race and national origin discrimination
        • Who is protected from age discrimination
        • How to identify age discrimination
        • Special considerations for older workers offered severance
        • Can your employer force you to retire
        • Are you protected if you report discrimination against a co worker
        • How to bring a discrimination or harassment lawsuit
        • Can you file a discrimination claim without a lawyer
        • What are the time limits for a discrimination claim
      • Sexual Harassment FAQs >
        • What is sexual harassment
        • What happens if you resign due to sexual harassment
        • What is quid pro quo sexual harassment
        • How should you report sexual harassment
        • What if you are fired for reporting sexual harassment
        • How should an employer respond to a sexual harassment complaint
        • What are your rights after reporting harassment
        • Is dating a coworker sexual harassment
        • What if you are being sexually harassed by a customer
        • Are off color jokes sexual harassment
        • How do you file a legal complaint for sexual harassment
        • Do sexual harassment laws apply to small businesses
        • What if the harassment is so bad you can't go to work
        • What is the statute of limitations for a sexual harassment claim
      • Medical Leave FAQs >
        • What are family and medical leave rights
        • Who is eligible for federal family medical leave
        • Do small businesses need to provide paid family medical leave
        • Who is eligible for Massachusetts paid family medical leave
        • How is paid family leave funded?
        • How to handle an employee request for leave
        • Can you terminate an underperforming employee after PFML leave
        • What is the employer contribution to PFML
        • What is the benefit year for PFML
        • What sick time do employers have to provide in Massachusetts
        • Can you hire a replacement for an employee on leave
        • What is retaliation under the PFMLA
        • Can you get family medical leave if you are self employed
        • How much paid family leave is available
        • What is an employers PFML notice responsibility
        • How much notice do employees need to provide before a PFML leave
        • How much are Massachusetts Paid Family Leave benefits
        • Do you have to provide leave beyond the time in the PFMLA
        • What is the earned sick time law
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  • Business Law
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      • How to handle a business dispute
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  • Home
  • Estate Planning
    • Guide To Estate Planning Content >
      • Estate Planning Guide Overview
      • Essential Estate Planning Documents Guide
      • Asset Protection Guide
      • Guide to How to Make a Will
      • Estate Planning in Unique Circumstances Guide
      • Guide to Death of a Loved One
    • Asset Protection >
      • Asset Protection Trusts
      • Massachusetts Estate Tax >
        • Preparing for Massachusetts Estate Tax
        • Inheritance Tax
      • The Challenge of Planning for Assisted Living >
        • Summary of Long Term Care Issues >
          • Understanding Medicaid Trusts
          • Assisted Living FAQs
          • Life Estates in Massachusetts
          • Assisted Living Planning Guide
          • Long Term Care Free Report
      • Protecting Your Legacy >
        • What is a Legacy
        • Massachusetts Probate Court Process
        • Threats to Your Legacy: What Not To Do >
          • Online Wills
          • Do It Yourself Will
          • Dying Without a Will
          • Inheritance Without a Will Intestacy Laws
    • Estate Planning Why When and How >
      • What You Can Achieve With an Estate Plan
      • Who Needs an Estate Plan >
        • The Case for Estate Planning
        • What's Stopping You From Creating a Will
      • When Do You Need an Estate Plan >
        • Estate Planning Guide for Every Life Stage >
          • Estate Planning for Young Adults
          • Estate Planning for Young Families
          • Estate Planning in MIddle Age
          • Estate Planning in Retirement Age
        • Guide to Specific Estate Planning Circumstances >
          • Children with Special Needs >
            • Special Needs Trust
          • Estate Planning for Blended Families
          • Estate Planning for a Non Citizen Spouse
          • Estate Planning and Divorce
          • LGBTQ+ Estate Planning
          • Estate Planning for Small Business Owners
          • Estate Planning for Digital Assets
        • When to Update Your Estate Plan
      • End of Life and Loss >
        • End of Life Planning Essentials >
          • End of Life Planning Checklist
          • Is it too late to change estate planning documents
          • Durable Power of Attorney End of Life Planning
          • Understanding the Health Care Proxy
          • MOLST Form
        • Death of a Loved One Guide >
          • Death of a Loved One Checklist
          • Death of a Loved One Legal Steps
          • Funeral Planning and Preplanning
      • Getting Started With Your Estate Plan >
        • Mental Capacity to Make a Will
        • How to Make an Estate Plan
        • Estate Planning Resources
      • Busting Estate Planning Myths
    • Wills Trusts and Other Essential Estate Planning Documents >
      • Last Will and Testament >
        • Personal Representative
        • Choosing an Executor or Trustee
        • Changing Your Will With a Codicil
        • Holographic Wills
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
        • Realty trust
      • Wills and Trusts Compared
      • Massachusetts Health Care Proxy
      • Durable Power of Attorney >
        • Durable Power of Attorney Limits
        • Springing vs. Durable Power of Attorney
      • Living Wills
      • Massachusetts Pet Trust
      • Beyond the Will: Enhancing Your Estate Plan >
        • Is Your Will Enough
        • Surviving Spouse's Share
        • Disinheriting Children Massachusetts
    • Estate Planning Case Studies >
      • Couples Estate Planning Case Study
      • Proactive Estate Planning Case Study
      • Estate Tax Planning Case Study
      • Estate Planning Case Study: Asset Protection
      • Estate Planning Case Study: Pets
      • Estate Planning Case Study Guardians
      • Estate Planning Case Study Codicil
      • Estate Planning Case Study Unique Wishes
      • Estate Planning Case Study Family Financial Future
      • Estate Planning Case Study Business Succession
      • Estate Planning Case Study Blended Family
      • Estate Planning Case Study Medicaid Trust
      • Estate Planning Case Study Non Traditional Bequests
      • Estate Planning Case Study Predeceased Child
      • Estate Planning Case Study Changed Circumstances
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    • Working With Our Estate Planning Team >
      • Estate Planning Lawyers
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      • New Client Intake Estate Planning >
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    • Estate Planning FAQs >
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      • How is a life estate different from a trust
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      • Is my estate plan private
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      • Should You Use an Online Will Service
      • What are the risks of a do it yourself will
      • How can I change my will
      • Can you disinherit a child
      • Can you disinherit a spouse
      • A surviving spouse's share of a Massachusetts estate
      • How can you leave assets to someone with special needs
      • Can you provide for a pet in your estate plan
      • What are the key elements of a good estate plan
      • What documents do you need in your estate plan
      • The difference between revocable and irrevocable trusts
      • What mental capacity is required to make a will
      • How can you protect assets from assisted living costs
      • What is medicaid planning
      • What is the Massachusetts estate tax
      • Who has to worry about estate taxes
      • How to use gifts to reduce estate tax
      • What is inheritance tax
      • ​Is there inheritance tax in Massachusetts?
      • When are Massachusetts estate taxes due
      • How does a health care proxy work
      • Massachusetts law about living wills
      • Is a MOLST the same as a health care proxy
      • ​How does a durable power of attorney work?
      • Can a power of attorney make medical decisions
      • When should you update your estate plan
      • Do you need to change your will after divorce
      • Special circumstances in estate planning
      • What is a personal representative
      • Is a personal representative the same as an executor
      • Can I access my parents accounts after they die
    • Probate Process >
      • Why Do You Have to Probate an Estate
      • When Do You Have to Probate an Estate
      • Who Do You Need to Help Probate an Estate
      • Non Probate Assets >
        • Beneficiary Designations
    • Probate FAQs >
      • What is probate
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      • How to probate an estate
      • Do you need a lawyer for probate
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      • What assets can pass without probate
      • How to change title to real property after a spouse dies
      • How to start the probate process
      • What is the deadline to probate an estate
      • Creditors' deadline to claim against a Massachusetts estate
  • Employment Law
    • Guide To Employment Law Content >
      • Employment Law Services Guide
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      • Employer's Guide to Employee Illness and Family Leave >
        • Paid Family Leave and Your Small Business
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      • Employer's Wage and Hour and Classification Guide >
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        • Overtime Law for Employers >
          • Calculating Overtime Pay
        • Employee Complaints About Pay
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        • Hiring Independent Contractors in Massachusetts
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        • Employee Handbook >
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      • Employer's Termination Guide >
        • Overview of Employment Termination Laws
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        • Employer Required Vaccinations Legal Considerations
      • Employment Law Case Studies >
        • Employee Non Solicit Case Study
        • Employment Termination Case Study
        • Wage and Hour and Travel Time Case Study
        • Multistate Wage and Hour Compliance Case Study
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      • Employment Defense Case Studies >
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      • Employer FAQs >
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        • What employees are exempt from overtime
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        • Do you have to provide paid sick time to employees
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        • Is an employee handbook a contract?
        • What is your liability for misclassifying an independent contractor
        • What wages need to be paid on the day of termination
    • Advice for Employees >
      • Overview of Discrimination Harassment and Retaliation >
        • Discrimination in the Workplace >
          • Gender Discrimination >
            • Gender Discrimination Case Studies >
              • Gender and Equal Pay Case Study
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          • Age Discrimination >
            • Age Discrimination Case Studies >
              • Age Gender and Disability Discrimination Case Study
              • Age and Disability Discrimination Case Study
              • Age Discrimination Case Study Fitness Center
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          • LGBTQ Discrimination
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          • Race Discrimination >
            • Race and National Origin Discrimination Case Studies >
              • Race Discrimination Private College Case Study
              • Race Discrimination in a Bank Case Study
              • National Origin Discrimination Scientist Case Study
              • Case Study:National Origin Discrimination Commercial Bakery Case Study
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          • Disability Discrimination >
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            • Reasonable Accommodations for Disability
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            • Disability Discrimination Case Studies >
              • Disability Discrimination Seizures Case Study
              • Disability Discrimination Health Care Worker Case Study
              • Disability Discrimination PTSD Case Study
              • Disability Discrimination Epilepsy Case Study
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        • Employee Illness and Family Leave >
          • Massachusetts Paid Family Leave >
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            • Parental Leave
            • Medical Leave Case Studies >
              • Pregnancy Leave
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          • Employee Illness and Disability
          • Earned Sick Time Law
        • Unlawful Retaliation >
          • Reporting Discrimination Retaliation Guide
          • Sexual Harassment Retaliation Guide
          • PFMLA Retaliation Guide
          • Earned Sick Time Retaliation Guide
          • Wage and Hour Retaliation Guide
          • Workers Compensation Retaliation Guide
          • Public Employee Whistleblower Retaliation Guide
          • Health Care Worker Whistleblower Retaliation Guide
          • Retaliation Case Studies >
            • Retaliation for Wage Complaint for Immigrant Case Study
            • Sexual Harassment Retaliation Case Study
            • Health Care Whistleblower Retaliation Case Study
            • Earned Sick Time Retaliation Case Study
            • Workers Compensation Retaliation Case Study
            • Family Medical Leave Retaliation Case Study
        • Sexual Harassment at Work >
          • Sexual Harassment Resources
          • Sexual Harassment in a Small Business
          • Reporting Sexual Harassment to Your Employer
          • Constructive Discharge
          • Sexual Harassment and Non Disclosure Agreements
          • Sexual Harassment and Remote Work
          • Sexual Harassment Case Studies >
            • Sexual harassment in a restaurant case study
            • Sexual harassment in a dentist office case study
            • Sexual harassment in a consulting company case study
            • Sexual harassment by Zoom case study
            • Sexual harassment by a church case study
            • Sexual harassment in a residential care facility case study
        • Equal Pay Act >
          • Equal Pay Act FAQs
          • Equal Pay Audit
        • Your Discrimination Case
      • Employment Transitions: Termination and Resignation >
        • Employment Termination >
          • Final Pay in Massachusetts
          • Performance Improvement Plan
          • Remote Work Post Pandemic
          • What is Wrongful Termination
          • What to Do if You Are Fired
          • Proving Employment Discrimination
          • Retaliatory Termination for Reporting Discrimination
          • How to Bring a Discrimination or Harassment Lawsuit >
            • Removing an MCAD Complaint
            • Removing an EEOC Complaint
          • Termination as Breach of Fiduciary Duty
        • Severance Pay >
          • Evaluating Severance Agreement
          • What is Reasonable Severance
          • Negotiating Severance
          • Severance Pay and Unemployment in Massachusetts
          • How an Attorney Can Help With Severance
          • Severance Agreement Checklist
          • Rejecting a Severance Agreement
        • Severance Consideration Period
        • How to Leave a Job >
          • Voluntary Resignation and Unemployment
          • Resigning Due to Workplace Harassment
          • Choosing to Resign Instead of Being Fired
          • Quitting a Job Without Notice
      • Non Competes and Other Employment Contracts >
        • Non Compete Agreements >
          • Are non competes enforceable
          • How does a furlough affect a non compete
          • Massachusetts Non Compete Act
          • Non competes signed before the Non Compete Act
          • Non compete lawyers at slnlaw
          • Understanding the Scope of Your Non-Compete Agreement
          • Is the geographic scope of a non compete reasonable
          • Is the time restriction in a non compete reasonable
          • Should you sign a non compete
          • Signing a non compete after starting employment
          • Severance Agreements and Non Competes
          • Non Competes and the Sale of a Business
          • Navigating a Non Compete in Your Job Search
          • Non Compete and Legitimate Business Interests >
            • Trade Secrets and Confidential Information
            • Employer Goodwill and Non Compete Agreements
          • Non Compete Case Studies >
            • Non Compete Blocking Start Up
            • Hair Salon Non Compete
            • Sales and Service Non Compete
            • Non Compete and Independent Contractor
            • Repair and Maintenance Worker Non Compete
            • Market Analyst Non Compete
            • Young Salesperson Non Compete
          • Defending a Non Compete Lawsuit >
            • Responding to a Cease and Desist Letter
            • Non Compete Lawsuit FAQs
          • Non Compete Defenses in Massachusetts
          • Non Compete and Garden Leave
          • Legal Claims Against Employer for Abuse of a Non Compete
          • Non Compete Enforcement as Tortious Interference
        • Employment Contracts in Massachusetts >
          • Restrictive Covenants >
            • Non Solicit Agreements
            • Employee Non Disclosure Agreements
            • Invention Assignment Agreements
          • Employment Arbitration Agreements
          • Employer Repayment Demands
          • Enforcing an Employer's Promises
          • Termination Provisions in an Employment Contract
      • Independent Contractor Law >
        • 5 Myths About Independent Contractors
        • Independent Contractor Test >
          • How the Massachusetts Independent Contractor Test Differs from the IRS Test
          • Damages for Independent Contractor Misclassification
        • Working As Independent Contractor
        • Independent Contractor Law in Specific Jobs
        • Independent Contractors and Paid Family Leave
        • Independent Contractor Case Studies >
          • Physician Independent Contractor
          • Delivery Driver Independent Contractor
          • Unemployment Benefits for Independent Contractor
          • Set Builders Classified as Independent Contractor
          • Fitness Instructor Independent Contractor
          • Cosmetic Sales Independent Contractor
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Summary of Wage and Hour Laws >
          • Common Wage and Hour Violations in Massachusetts
          • Massachusetts Minimum Wage >
            • Minimum Wage and Commission Pay
            • Tipped Minimum Wage Rules in Massachusetts
            • Minimum Wage FAQs
          • Understand Your Wage and Hour Rights
        • Massachusetts Wage Act >
          • Late Payment of Wages
          • Wage Deductions
          • Paid Time Off Under the Wage Act
          • Payment of PTO After a Change in Vacation Policy
          • Can an Employer Reduce Your Pay
          • Right to Sue for Unpaid Wages
          • Wage Act Triple Damages
          • Wage Act Case Studies >
            • Unpaid work on furlough
            • Wages Withheld for Cashflow Reasons
            • Nonpayment of part time employee
            • Unpaid vacation pay
            • Retroactive Change in Commission Policy
            • Unpaid commissions
        • Overtime Law >
          • Overtime Exemptions
          • 2020 Increase in Minimum Salary to be Overtime Exempt
          • Employee Travel Time
          • How to calculate overtime pay
          • Federal or State Overtime Law >
            • Massachusetts Overtime Exemptions
            • Comparison of Federal and State Overtime Exemptions
          • Overtime Law Case Studies >
            • Overtime for Line Supervisor
            • Overtime for Sandwich Maker
            • Attempt to Evade Overtime by Separate Paychecks
            • Overtime for a Technician
            • Overtime for an Independent Contractors
            • Overtime for Store Manager
        • Commission Pay in Massachusetts >
          • Commission or Bonus Under the Law
          • Commission Payments and Employment Termination
          • Minimum Wage Considerations for Commission Based Employees
          • Deductions from Commissions
          • Monthly or Quarterly Payment of Commissions
          • Commission Pay Case Studies >
            • Retroactive Commission Cuts
            • Commissions Delayed on Termination Case Study
            • Unjust Commissions Deductions Case Study
            • Commissions and Customer Refunds
      • Unemployment in Massachusetts >
        • Massachusetts Unemployment Benefits
        • Unemployment Overpayment
        • Massachusettts Unemployment FAQs >
          • What should you do if you are denied unemployment
          • Who is eligible to collect unemployment
          • When should you apply for unemployment
          • Does severance pay affect your unemployment benefits
          • Can you collect unemployment if you quit
          • Do you need to keep certifying while your unemployment appeal is pending
          • What happens at an unemployment appeal hearing
          • What can you do it your unemployment appeal is denied
          • What are you owed if you win your unemployment appeal
          • how do you request a waiver of unemployment overpayment
          • What are your rights if you receive an unemployment overpayment notice
          • Can you collect unemployment if you quit after your job changes
          • Can you collect unemployment if you quit for health reasons
        • Unemployment Case Studies
        • Working With Our Unemployment Team >
          • Unemployment Lawyers
          • Unemployment New Client Intake and Consultation Employment
          • Unemployment Assessment
          • Unemployment Representation
    • Working With Our Employment Law Team >
      • Employment Lawyers at slnlaw
      • Employment Case Assessment
      • Employer Case Assessment and Strategy
      • New Client Intake and Consultation Employment >
        • Employment Consult FAQs
    • Employment Law FAQs >
      • Non Compete FAQs >
        • What is a non compete
        • What is the Massachusetts Non Compete Act
        • Are non competes enforceable
        • Does the new non compete law apply to your agreement
        • Does MA non compete law apply to out of state employer
        • Is a pre 2018 non compete enforceable
        • Is your non compete enforceable
        • What is a legitimate business interest supporting a non compete
        • What is employer goodwill
        • What consideration is required for a non compete
        • How much time should you have to consider non compete
        • Is a non compete enforceable if you are laid off
        • Does a change in pay affect your non compete
        • Does it matter if the employer did not sign the non compete
        • Is a pre 2018 non compete enforceable if you are fired without cause
        • Can an independent contractor be held to a non compete
        • Can a health care professional be held to a non compete
        • How long can a non compete restriction last
        • Is a non compete clause in a severance agreement enforceable
        • Can you be held to a non compete if you are non exempt from overtime
        • What is Garden Leave
        • Difference between garden leave and a notice period
        • How much should garden leave be
        • Is a non compete void without garden leave
        • Should you have a lawyer review your non compete
        • What is the difference between a non solicit agreement and a non compete
        • What to do if you get a cease and desist letter
        • Can your new employer be sued for your non compete
        • Can you sue a former employer for using a non compete to interfere
        • Example non compete cases
      • Independent Contractor FAQs >
        • What is an independent contractor
        • What is the three part test
        • What does it mean to be free from control and direction as an independent contractor
        • What is the core business of the employer for the independent contractor test
        • What does it mean to be in the business of providing services to others
        • Who is liable for misclassification
        • What is your status if the three part test is not met
        • What happens if an independent contractor is not paid on time
        • Can an independent contractor collect unemployment
        • Can you be considered an employee if you have your own LLC
        • What you should know about working as an independent contractor
        • Exceptions to the independent contractor law
        • What are the rules about paying independent contractors
        • Can an employee agree in writing to be an independent contractor
        • Can an independent contractor sue for discrimination
        • Can a part time worker be an independent contractor
        • Can you hire independent contractors in a probationary period
        • Do you have to pay benefits if you change someone to an employee
        • What you should know about hiring independent contractors
        • What compensation are you missing as an independent contractor
        • How is Massachusetts independent contractor law different from the IRS test
        • Can an independent contractor get paid family medical leave
      • Wage Act FAQs >
        • What is the Wage Act
        • Who is covered by the Wage Act
        • When are wages due
        • What can you do if you were not paid on time
        • Can your employer reduce wages or commissions
        • Can you be paid on a commission only basis
        • Are commissions subject to the Wage Act
        • When should you be paid commissions
        • What happens to earned commissions if the comission policy changes
        • Is unused vacation time covered by the Wage Act
        • Can your employer take away vacation time by changing policies
        • What has to be paid at termination
        • When is a final paycheck due
        • What can be legally deducted from your paycheck
        • What travel time is paid time
        • Do wage and hour laws apply to on call time
        • Is your classification as an independent contractor legal
        • What is the Massachusetts minimum wage
        • Who is exempt from minimum wage
        • What is the difference between the wage act and minimum wage laws
        • What is the minimum wage for tipped emplyees
        • What are the rules about tip pooling
        • Is there a small business exception to minimum wage
        • Examples of Wage Act violations
        • Can you be fired for making a wage and hour complaint
        • What damages can you get for late or unpaid wages
      • Commission Pay FAQs >
        • What is commission pay
        • Are commissions wages
        • When is commission earned under the Wage Act
        • Can your employer define when a commission is earned
        • When are commissions earned without a policy
        • What is the difference between a commission and a bonus
        • Can commissions be paid quarterly or annually
        • Can your employer deduct expenses from commissions
        • What commissions are you owed at termination
        • How do final paycheck laws affected commission based employees
        • Does minimum wage apply to commission based employees
        • How do overtime laws affect commission based employees
      • Overtime FAQs >
        • Who is exempt from overtime
        • Are all salaried employees exempt from overtime
        • Are highly paid employees exempt from overtime
        • What is the minimum salary for overtime exemption
        • What is a bona fide executive
        • What is a bona fide professional
        • What is a bona fide administrative employee
        • Are store managers exempt from overtime
        • Does overtime law apply to truck drivers
        • Are shift supervisors exempt from overtime
        • What counts as a week for overtime
        • Does travel time count toward overtime hours
        • Does on call time count toward overtime hours
        • How to calculate the overtime premium rate
        • What is the fluctuating work week method of calculating overtime
        • Do overtime laws apply to independent contractors
        • How does Massachusetts overtime law compare to federal
        • What is overtime
        • Which employers have to pay overtime
        • What does exempt mean
        • Does overtime apply to restaurant and hotel workers
        • How is overtime calculated in biweekly payroll
        • Can an employer forbid overtime
        • Do you have to pay employees for unauthorized overtime
        • Can you fire an employee for unauthorized overtime
        • Who is responsible for tracking overtime hours
        • How can you control overtime with remote workers
        • Who enforces the overtime laws in Massachusetts?
        • What remedies can an employee get for unpaid overtime?
        • What is the overtime statute of limitations
      • Employment Termination FAQs >
        • What is employment at will
        • What is constructive discharge
        • Can you fire an employee without prior warning
        • What is employment discrimination
        • What is unlawful retaliation
        • Can employment termination be a breach of fiduciary duty
        • Can you be forced to return from remote work
        • Can you be fired for refusing the COVID vaccine
        • Can you collect unemployment if you are fired for cause
        • What are your rights at termination
        • What final pay are you owed at termination
        • When should you get your final paycheck
        • Should you be paid commissions at termination
        • What if your final paycheck is late
        • Does my employer have to give me severance pay
        • Should I sign a severance agreement
        • If you sign a severance agreement can you collect unemployment
        • What you should do if put on a performance improvement plan
        • What are best practices for firing an employee
        • Can you enforce a promise made by an employer
      • Severance Package FAQs >
        • What is a severance agreement
        • What is a reasonable amount of severance pay
        • How to evaluate a severance agreement
        • How do you know if you have legal claims you are releasing
        • How do you know what your legal claims might be worth
        • How much time should you have to consider a severance agreement
        • What does the release of claims in your severance mean
        • Can you negotiate severance terms
        • Can Your Employer Hold Vacation Pay Until You Sign a Severance Agreement?
        • Is new non compete language in a severance agreement enforceable
        • Is there a difference between lump sum severance and salary continuation
        • What are your options if you don't want to release claims
        • What does the non disparagement clause in your severance mean
        • What does the cooperation clause in your severance mean
        • Why is there a revocation period in your severance agreement
        • What if the severance agreement asks for affirmation of a non compete
        • What happens if you don't respond by the severance deadline
      • Employment Discrimination FAQs >
        • What is discrimination
        • What is wrongful termination?
        • Can I be fired without a reason
        • What are protected classes
        • What is a hostile work environment
        • Am I protected if I report discrimination
        • What is disability under the ADA
        • Does an employer have to accommodate your disability
        • What is perceived disability discrimination
        • What is Gender Discrimination
        • Can a female discriminate against another female
        • What is the law when men are paid more than women
        • Is it unlawful to discriminate based on sexual orientation or gender identity
        • Is sexual harassment considered discrimination
        • How to identify race discrimination
        • Can people of the same race discriminate against each other
        • Is harassment based on race or national origin illegal
        • What is the difference between race and national origin discrimination
        • Who is protected from age discrimination
        • How to identify age discrimination
        • Special considerations for older workers offered severance
        • Can your employer force you to retire
        • Are you protected if you report discrimination against a co worker
        • How to bring a discrimination or harassment lawsuit
        • Can you file a discrimination claim without a lawyer
        • What are the time limits for a discrimination claim
      • Sexual Harassment FAQs >
        • What is sexual harassment
        • What happens if you resign due to sexual harassment
        • What is quid pro quo sexual harassment
        • How should you report sexual harassment
        • What if you are fired for reporting sexual harassment
        • How should an employer respond to a sexual harassment complaint
        • What are your rights after reporting harassment
        • Is dating a coworker sexual harassment
        • What if you are being sexually harassed by a customer
        • Are off color jokes sexual harassment
        • How do you file a legal complaint for sexual harassment
        • Do sexual harassment laws apply to small businesses
        • What if the harassment is so bad you can't go to work
        • What is the statute of limitations for a sexual harassment claim
      • Medical Leave FAQs >
        • What are family and medical leave rights
        • Who is eligible for federal family medical leave
        • Do small businesses need to provide paid family medical leave
        • Who is eligible for Massachusetts paid family medical leave
        • How is paid family leave funded?
        • How to handle an employee request for leave
        • Can you terminate an underperforming employee after PFML leave
        • What is the employer contribution to PFML
        • What is the benefit year for PFML
        • What sick time do employers have to provide in Massachusetts
        • Can you hire a replacement for an employee on leave
        • What is retaliation under the PFMLA
        • Can you get family medical leave if you are self employed
        • How much paid family leave is available
        • What is an employers PFML notice responsibility
        • How much notice do employees need to provide before a PFML leave
        • How much are Massachusetts Paid Family Leave benefits
        • Do you have to provide leave beyond the time in the PFMLA
        • What is the earned sick time law
        • What is the difference between PFML and Earned Sick Time
        • Do part time employees earn sick time
        • How much sick time does an employer have to provide
  • Business Law
    • Guide to Business Law Content >
      • Small Business Law Resource Center
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    • Small Business Law Issues >
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      • Legal Issues for Start Ups >
        • Start Up Legal FAQs
    • Business Law Case Studies >
      • Business Buyout Case Study
      • Franchise Decision Case Study
      • Workforce Expansion Case Study
      • Employment Law Support Case Study
      • Expanding Equity Case Study
      • Protecting the Family Business Case Study
    • Guide to Small Business Disputes >
      • Common Small Business Disputes >
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          • Business Torts >
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        • Shareholder Disputes
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      • Business Dispute Resolution Strategies >
        • Civil Suit Defense
        • What is Arbitration >
          • Understanding Arbitration Agreements
        • What is Mediation >
          • Understanding Agreements to Mediate
      • Business Dispute Case Studies >
        • Purchase Contract Dispute Case Study
        • Complex Contract Dispute Case Study
        • Predatory Emergency Services Case Study
        • Family Business Dispute Case Study
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        • Non Compete Obstacle to New Business Case Study
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        • Non Solicitation Case Study
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    • Small Business FAQs >
      • Can you operate a business as a DBA
      • What is the difference between an LLC and an S Corp
      • How to create an LLC
      • How can you know if you can use a business name
      • What is an LLC Operating Agreement
      • How can you get an EIN for a business
      • What do you need to know about buying a business
      • What do startup companies need to know
      • Should you get a trademark?
      • How to register a trademark
      • What kind of customer contracts do you need
      • Should you sign an arbitration agreement
      • Should you sign a mediation provision
      • How can you protect confidential business information
      • What qualifies as a trade secret in Massachusetts
      • How to handle a business dispute
      • What is unfair competition
      • What is interference with contract
      • What are your rights as a minority shareholder
      • What is a shareholder freeze-out
  • Civil Litigation
    • Civil Litigation Overview
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    • Civil Lawsuit Discovery
    • What to Expect as a Plaintiff
    • What to Expect as a Defendant
    • Civil Lawsuit Settlement
    • Civil Lawsuit FAQs >
      • What are the requirements for bringing a discrimination lawsuit
      • What are the requirements to file a wage and hour complaint
      • How can you find the right attorney to represent you in a lawsuit
      • What is a contingent fee agreement
      • What should you do if you are served with a civil lawsuit
      • What should you do if you are threatened with a lawsuit
      • What are the time limits for bringing a civil lawsuit
      • How long does a civil lawsuit take
      • How much does defending a civil lawsuit cost
      • What is alternative dispute resolution
      • What is a Summons in a civil lawsuit
      • Can you ask the court to dismiss the claims against you
      • Can you counter sue the plaintiff in a civil lawsuit
      • What is discovery in a civil lawsuit
      • Are your personal assets at risk if your business is sued
      • When do you have to appear in court in a civil lawsuit
      • Do you have to hire a lawyer to defend a civil suit
      • What should you expect as a plaintiff in a civil suit
      • What should you expect as a defendant in a civil suit
      • What is a motion to dismiss in a civil suit
      • Motion for summary judgment in a civil lawsuit explained
      • Do you have to preserve evidence for a civil suit
      • what is a deposition
      • What documents should you share with your attorney
      • How does a mediation work
      • How can you tell what is a reasonable settlement
      • What is the client vs attorney role in negotiating settlement
    • Working With Our Litigation Team >
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