ABC-Mass. chapter is always searching for better ways to do business - by James Rudolph

James Rudolph, ABC-Mass. chairman

Massachusetts’ business environment is often difficult to navigate, which is why ABC is constantly searching for better ways to do business. We have become an important voice on Beacon Hill and are able to influence laws and regulations, but our continued ability to do so requires member involvement. That’s because our strength is in our collective numbers, which allows us to shape the important issues that impact the construction industry.

One such issue members should be aware of, specifically those whose businesses have more than one location and/or operate separately incorporated subsidiary companies, is the case of Fitzgerald, et. al. v. The Chateau Restaurant Corp., et. al. In it, a Mass. Superior Court judge allowed managers who worked at the same restaurant chain, but at different, separately incorporated locations, to bring a class action lawsuit against the parent corporation and all restaurant locations for a state Wage Act violation.  This precedent makes it easier for employees working for different entities under the same parent company to collectively assert claims for violations of their rights, thereby exposing the assets of all of the entities. The ruling has vast applicability to almost any industry in which a business owner operates separate legal entities that have significant interrelation.

This is another example of the expanding list of complicated scenarios Mass. business owners need to be aware of. We are fortunate to have a governor who cares what we think and wants to make it easier for employers to operate, but to take full advantage of the current situation each and every member needs to be involved. By identifying issues within your day-to-day business operations, expressing them to the organization, and joining together in a concerted effort for change, we can improve the Commonwealth’s business environment. We can take advantage of the relationships we have developed over the years in state government and continue to build on our leadership within the construction industry to secure a more favorable business climate.

If there is a government compliance issue we can help you with, or a law or regulation that makes it unnecessarily difficult for you to do business, let us know by contacting Greg Beeman at Greg@abcma.org and we’ll try and do something about it.

James Rudolph, Esq. is the managing partner of Rudolph Friedmann LLP, Boston and is the 2016 ABC-Mass. chairman, Woburn, Mass.