LampkeLaw LLC

04/26/2022

Was your salary, commissions, or accrued vacation not paid in full on the date of your termination? Were other payments made late throughout your employment? As a result of the Massachusetts Supreme Judicial Court’s recent ruling in Reuter v. City of Methuen, employees are entitled to three times any late wages (including accrued vacation and earned commissions) plus attorney fees, 12% interest, and court costs—even if the employer paid before the lawsuit is filed! For example, if you were terminated and not paid all owed wages that day, but were paid later, you now have a claim for three times that late payment with a credit to the employer for the one payment made (i.e., double damages). Contact LampkeLaw for a free consultation to learn more!

09/28/2021

Massachusetts employees, don't let your noncompete agreement hold back your career: Your noncompete may be unenforceable under MA state law, even if your agreement states another state's law governs it.
KPM Analytics North America Corporation v. Blue Sun Scientific, LLC, et al. recently held that noncompetes executed on or after October 1, 2018 lacking a clause stating you have a right to consult with counsel before signing, or which do not provide you mutually agreed upon consideration in addition to your employment, are not enforceable under the Massachusetts Noncompete Agreement Act (MNAA), G.L.c. 149, §24L. Your agreement may fail other requirements too.
Contact LampkeLaw at 617-412-4099 or [email protected] to discuss your noncompete agreement.

09/06/2021

If you're apartment hunting, preparing to move or even signing another lease for your current apartment, here's what you should know about renting in and around Boston, from negotiating with your landlord to getting your security deposit back.

01/31/2021

"James and Daniel Lampke, a father-and-son pair of Boston-based attorneys who practice municipal law, contend the limitations in the charter would apply to any acting mayor, including someone in Janey’s situation."

Welcome to the granular and wonky world of Boston city charter legalese.

01/18/2021

Renegotiate Salary to Your Advantage
When it’s time to renegotiate salary, we often downplay our contributions to the organization. Here’s advice on how to bargain up rather than down—and earn what you truly deserve.

How to Bargain Salary
When preparing to renegotiate salary, there are a number of steps you should take to be an effective self-advocate, according to Kolb and Porter:
1. Gather information so that you will feel that what you are asking for is defensible. Prepare to explain the value you bring to the organization.
2. Develop alternatives to the current negotiation to increase your flexibility at the table. Keep in mind that the other party’s alternatives, such as losing you, may be less attractive than yours.
3. Examine your vulnerabilities and plan ahead to compensate for them. For example, if a project you worked on didn’t pan out, prepare to discuss what went wrong, what went right, and how you learned from the situation.

When it’s time to renegotiate salary, we often downplay our contributions to the organization. Here’s advice on how to bargain up rather than down—and earn what you truly deserve.

07/01/2020

Under the qualified immunity doctrine, a police officer can be shielded from liability if at the time they acted:
They were performing a "discretionary" function
They did not violate a clearly-established constitutional or statutory right that a reasonable person in their position would have known
This means if the officer reasonably believed their actions were lawful based on the information available to them at the time, they won't be held liable in a Section 1983 case.

Police have broad power to carry out their duties to protect and serve. However, in far too many cases, police officers overstep those powers and...

05/10/2020

FYI: Salary < $35,568 = cannot be an exempt salaried person, and therefore is owed overtime pay.

05/09/2020

Furloughed or laid off? You're likely owed your full week salary or your hourly pay if you're still helping your employer with its quick questions or tasks from home. This amount would then be tripled and your attorney fees covered if your employer refuses to pay it and you bring suit. Share this post and contact LampkeLaw for a free consultation!

05/09/2020

01/22/2020: James and Daniel Lampke of LampkeLaw, as Special Counsel for the Town of Barnstable, succeeded in obtaining the Barnstable Zoning Board of Appeals' dismissal of an appeal of the building commissioner's denial of a request for zoning enforcement, due to its lack of jurisdiction and mootness.

02/18/2020

Employee Tip of the Day: Salary pay does not necessarily mean you qualify for the overtime pay exemption, and independent contractor classification does not necessarily mean you qualify as an independent contractor under state law.