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Zalkind Duncan & Bernstein LLP
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A recent SJC decision removes a powerful incentive for employers to promptly pay compensation that is due to some employees at the end of their employment. Sick time is never considered “wages” under the Wage Act, the Court ruled, even if there is a policy in place requiring payment. Zalkind Law’s David Russcol argues that the Court went too far and proposes that the Legislature consider amending the Wage Act to include sick pay in order to protect the Commonwealth’s workers. Read it here:
https://www.bostonlawyerblog.com/2018/02/05/sjc-exempts-sick-time-wage-act/#more-931
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Should victims in criminal cases be allowed to make sentencing recommendations? A recent SJC decision allows victims to do this in non-capital cases. Zalkind Law’s Zoraida Fernandez points out that this seems unfairly prejudicial and addresses some issues with the Court’s reasoning in her latest blog post. Read it here: https://www.bostonlawyerblog.com/2018/01/31/sjc-sanctions-judges-consideration-victim-sentencing-recommendations/
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In her most recent blog post, Zalkind Law’s Ruth O’Meara-Costello discusses her support for the MA Senate bill provision that would disqualify a parent from testifying against a minor child in most criminal cases. The effect would be to make parent/child communications generally legally private, enabling children to safely seek adult help in difficult situations and protecting Massachusetts families. Read more here: https://www.bostonlawyerblog.com/2018/01/12/massachusetts-legislature-update-law-evidentiary-privilege-protect-families/
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ZDB is hiring! We are looking for a smart, motivated, and creative junior associate to join one of the premier litigation firms in Boston. Application deadline January 15, 2018. More information at the link below.
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In her latest blog post, Attorney Naomi Shatz explains the campus sexual assault bill that just unanimously passed the Massachusetts Senate, and highlights areas of the bill that could be improved before it is enacted into law.
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ZDB is proud to announce that the firm has been named in US News’ “Best Law Firms” for yet another year! This 2018 accolade ranks the firm as Metro Tier 1 in three separate categories: Criminal Defense – Non-White Collar, Criminal Defense - White Collar, and Employment – Individuals.
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Zalkind Law’s Attorney David Russcol clarifies the myriad of misunderstandings surrounding the latest Title IX news. He makes sense of Betsy Devos’s “retreat” on Title IX – which is just the start of a process – and dispels some fears around what the future of Title IX might look like. Though DeVos has withdrawn the Dear Colleague Letter, she has not indicated what she intends to replace it with. Russcol offers some thoughts on the rulemaking process going forward, and encourages us to think of this as an opportunity to make things better for both accused students and those who have suffered from sexual misconduct. http://news.wgbh.org/2017/10/19/title-ix-sky-not-falling-yet
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What do Rolling Stone, Harvey Weinstein, and Bill Cosby have in common? The law of defamation. Attorney Ruth O’Meara Costello discusses several defamation cases in matters involving allegations of sexual harassment or assault that have occurred in the past few years. When does the law of defamation apply? What can we learn from the Rolling Stone/UVA debacle? O’Meara-Costello addresses it all in her new blog post here: https://www.bostonlawyerblog.com/2017/10/18/rolling-stone-harvey-weinstein-bill-cosby-common-law-defamation/
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Zalkind Law Partner Monica Shah will speak at the Women's Bar Association panel on Title IX and Campus Sexual Assault on October 19, 2017. The WBA panel on Campus Sexual Assault will bring university administrators and legal professional together to provide their perspectives on issues related to campus response to sexual assault and harassment. These matters have recently taken on new found significance with the Department of Education and Betsy Devos's announcement regarding the rollback of Obama-era guidance that led to increased enforcement under Title IX. Monica Shah will provide insight on her broad experiences representing both complainants and respondents in Title IX matters, including both students and faculty members. Learn more about the event and register here: https://wbawbf.org/content/campus-sexual-assault-2017
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