Recent Answers to Massachusetts Law Questions

Stephen R.

Answered Feb 13, 2026

Sure. It’s wise to have an attorney review any correspondence you’d send to an adversary you’re contemplating legal action against and it is often the case that such a letter when issued on an attorney’s letterhead triggers a response. That said, employment law is tricky since MA is an at will state meaning an employer can terminate for any reason at all outside of racial/sex/orientation bases or retaliation . Obviously there are nuances, but these are the broad strokes.

Frank G.

Answered Sep 26, 2025

If you are "non-exempt" and thereby entitled to overtime. Determining whether a worker is an "exempt" employee and not entitled to overtime requires application of the law to the facts. For instance, an "exempt" executive employee are paid not less than $455 per week, have their primary duty to manage part of the busisess, regularly direct the work of two or more other employees, and have the authority to hire or fire other employees or to make recommendations about hiring and firing taken into account by their employers. An "exempt" administrative employee, are also paid at least $455 a week and has the primary duty of the performance of office or non-manual work directly related to the management or general business operations of the employer or its customers--and is an employee whose primary duty for the employer involves exercising their discretion and independent judgment with respect to matters significant to the employer. It's not always easy to determine if someone is a managerial or administrative employee however and it can be a gray area. There are lots of examples of overtime exemptions such as computer and creative professionals, outside sales people, some truck drviers, some mechanics and some people working at auto dealerships. You may be non-exempt and eligible for overtime under the law if you are a paid a salary based on a 40 hour work week but work more than 40 hours. If you are eligible for overtime there are laws protecting you from retaliation for complaining about not being paid overtime.

Ralph S.

Answered Sep 16, 2025

Please post a project so that you can hire one of us to help you. The forum is for questions you would have about a specific issue you have in the Contract we can answer but you give no details.

Randy M.

Answered Sep 14, 2025

You can use a copyrighted song in your YouTube video legally if you’ve secured the correct type of license. Buying a song on iTunes or streaming it on Spotify doesn’t give you that right. Those purchases are only personal listening licenses and don’t extend to using the music in your own content. For YouTube, you need licenses that specifically cover synchronization with video and online distribution. Every song involves two separate copyrights. The first is the musical composition, which covers the melody, lyrics, and arrangement and is controlled by the music publisher. To pair the composition with visuals, you need a synchronization license. The second is the sound recording, also called the master, which is the specific recorded version owned by the record label. To use that track in your video, you need a master use license. For popular songs, that means negotiating two separate licenses with different parties. The process is often complicated, slow, and costly, which is why most YouTubers don’t license mainstream tracks directly. The more practical route is to use licensing platforms designed for creators. Services like Epidemic Sound, Artlist, and Musicbed provide subscription-based access to music libraries. They’ve already secured both composition and master rights, and they typically whitelist your YouTube channel so Content ID doesn’t block or demonetize your videos. Another option is stock music libraries such as PremiumBeat or AudioJungle, where you can buy individual track licenses. In those cases, you must read the terms carefully to confirm that the license covers YouTube, monetization, worldwide distribution, and long-term use. A perpetual license is preferable so you don’t face takedowns years later. Even if you have a valid license, YouTube’s Content ID system may still detect the track. That doesn’t mean you’ve infringed copyright. It just means the system has matched the audio. When that happens, you can dispute the claim and provide proof of your license. Reputable licensing companies usually assist in clearing these disputes. If you don’t have the right license, however, Content ID claims can result in demonetization, muting, regional blocks, or DMCA takedowns that put your channel at risk. Cost is another factor. Licensing a mainstream hit directly from a label and publisher can cost thousands of dollars, depending on the song and how it’s used. In contrast, a subscription service like Epidemic Sound runs on a predictable monthly or yearly fee and covers all the legal rights you need for YouTube use. If your channel is monetized, it’s also important to confirm that the license allows commercial use. A personal or non-commercial license won’t protect you if you earn revenue from your videos. To stay compliant, keep a copy of every license you obtain. Make sure the license explicitly allows use on YouTube, permits monetization, applies worldwide, and lasts for the life of your video. If you’re working with a platform subscription, ensure your channel is properly linked so that Content ID claims are automatically released. If you want to use a well-known commercial track, you’ll likely need professional help negotiating directly with the rights holders. For most creators, using licensed music from platforms built for YouTube is the safer and more cost-effective approach.

Randy M.

Answered Sep 14, 2025

Whether a non-competition agreement remains enforceable if you’re terminated without cause depends on both the language of your contract and the law of the state that governs it. Termination without cause doesn’t automatically make a non-compete void, but courts often treat it as a factor in deciding whether enforcement is fair. Courts generally apply a “reasonableness” test to non-competes. To be enforceable, the restrictions must be narrowly tailored in duration, geographic scope, and the type of work restricted, and they must protect a legitimate business interest like trade secrets, confidential information, or customer goodwill. If you’re let go through no fault of your own, many courts are skeptical of an employer’s claim that preventing you from working elsewhere is necessary. For example, judges may ask why an employer who voluntarily ended the employment relationship should still be able to limit your ability to earn a living in your field. The outcome varies widely by state. California, Oklahoma, North Dakota, Minnesota, and Washington, D.C. prohibit most non-competes outright. Massachusetts allows them but requires employers to pay “garden leave” or other compensation during the restricted period, and generally doesn’t allow enforcement against employees who were laid off or terminated without cause. Illinois and Colorado enforce non-competes only if income thresholds and notice requirements are met. In New York, the law isn’t settled: some courts uphold non-competes even after termination without cause if they’re otherwise reasonable, while others strike them down as unfair. Texas courts often enforce non-competes if they meet statutory requirements, regardless of whether the employee resigned or was terminated without cause. The Federal Trade Commission tried to ban most non-compete agreements in 2024, but a federal court struck down the rule before it took effect, and the FTC has since abandoned its appeal. There’s no federal ban in place today, although the FTC is still targeting abusive non-compete practices on a case-by-case basis. The exact wording of your contract also matters. Some non-competes say they apply only if you resign or are terminated for cause. Others apply regardless of how the employment ends. If your agreement doesn’t address termination scenarios, a court will fall back on state law and the reasonableness test. If there’s no compensation provided during the restricted period or if the restrictions are overly broad, you’ll have a stronger argument that enforcement is unreasonable. Non-compete agreements turn on the details of both the contract and the law in your state. The emplyment law attorneys on Contracts Counsel can review your agreement and advise you on whether its terms are enforceable given your specific circumstances.

Charles D.

Answered Sep 12, 2025

Without seeing the contract, the short answer would be, yes, you are obligated regardless of how you are terminated. The first question your attorney would look to answer is if the non-compete is valid to begin with. IN some situations, a non-compete without any geographical limitation might be over broad and therefore non-enforceable.