Author Archives: Jay Butchko
Dealing with Employee Marijuana Use
Marijuana has been a very hot topic lately, with various states passing laws decriminalizing recreational use. Further, this latest trend has followed on the heels of various laws allowing for the medical use of marijuana. And yet, through the passing of both phases of legalization, the federal government has maintained marijuana as a Schedule… Read More »
Seeking Legal Action Against your Health Insurer for Denying Coverage
Maintaining a health insurance policy does provide a degree of comfort to many policyholders. While the policy itself cannot prevent against health problems, the comfort is knowing that, in most cases, any health problems will not cause financial ruin for the policyholder. However, issues arise when an insurance company denies coverage for a specific… Read More »
Misclassification of Employees as Independent Contractors
The law regarding the classification of workers either an employee or an independent contractor seems to always be in flux, and is a big issue in employment law and business disputes. Recently, workers are increasingly in positions as independent contractors, which is similar to an apprentice, but is paid. Independent contractors are, as the… Read More »
Automobile Accident Liability in Light of Massachusetts’s No-Fault Insurance
As many Commonwealth residents are surely aware, Massachusetts requires its licensed drivers to maintain a no-fault insurance policy. No-Fault insurance, generally speaking, is a program that requires anyone who gets into an automobile accident to file a claim with his/her own insurance provider for medical expenses property damage and other fees, not the other… Read More »
Employer Obligations During Layoffs
Employee retention and loyalty is a key part of any successful business, and no employer enjoys having to let people go, whether it is one person or 20 percent of the workforce. However, sometimes operational changes, shifts in the market, and narrowing profit margins require companies to layoff a portion of their employees. Employees… Read More »
New Non-Compete Law Intended to Help Massachusetts Employees Prosper
Being employed typically means that an employee will have access to private information, information that, in many cases, serves as an advantage for the employer vis-à-vis the employer’s competitors. Employment law related to the potential use of this information is complex, an employment law attorney is best suited for determining how to address any… Read More »
“Anything You Say, Can, and Will, be Used Against You”
The above phrase is well-known by most Americans. It is part of the Miranda Warnings, a statement that must be given by law enforcement when one is arrested on suspicion of committing a crime. And, as any criminal defense attorney can attest, it is not a threat, but a promise. Criminal trials are full… Read More »
The Role of the Medical Malpractice Tribunal
Sustaining an injury as a result of an action (or omission) by a medical professional is a painful experience, and not just from a physical point of view. The financial costs of recovery can be catastrophic for those who are just trying to make ends meet. And, even more painful is the fact that… Read More »
Providing Breaks to Employees for Religious-Based Reasons
The First Amendment to the U.S. Constitution, as well as Article II of the Massachusetts Constitution, provides for the right to exercise one’s religion. In practical terms, this means that no governmental entity can prevent an individual from practicing the tenets of his/her religion. And, in many cases, both federally and within the Commonwealth… Read More »
Criminal Reform in 2018
Being charged with a crime is an earth-shattering experience. Typically, the belief for the suspect is that his/her world is being turned upside down. Thoughts immediately turn to how the suspect will get through this situation, including how to address family and home repercussions. Typically, it is not the first thought to engage the… Read More »
