Friday, June 28, 2013

Drug Enforcement Agency Seizes First Bitcoins From Silk Road Dealer

Drug Enforcement Agency Seizes First Bitcoins From Silk Road Dealer

The Drug Enforcement Agency has seized 11.02 Bitcoins?about $800?from a drug dealer in South Carolina who had been using Silk Road. It's the first (known) time the government has taken control of the virtual currency like it were property or real-world cash.

Read more...

    


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/JAOq_CVXeDs/drug-enforcement-agency-seizes-first-bitcoins-from-silk-595189571

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Feds: Internet influenced Boston bombing suspect

BOSTON (AP) ? What Dzhokhar Tsarnaev needed to learn to make explosives with a pressure cooker was at his fingertips in jihadist files on the Internet, according to a federal indictment accusing him of carrying out the bombings at the Boston Marathon that killed three people and injured dozens more.

Investigators have been trying to determine whether Tsarnaev's older brother, Tamerlan who was killed while the two were on the run after the bombing, was influenced or trained by Islamic militants during a trip overseas. But the indictment released Thursday against 19-year-old Dzhokhar makes no mention of any overseas influence.

Before the attack, according to the indictment, he downloaded the summer 2010 issue of Inspire, an online English-language magazine published by al-Qaida. The issue detailed how to make bombs from pressure cookers, explosive powder extracted from fireworks, and lethal shrapnel.

He also downloaded extremist Muslim literature, including "Defense of the Muslim Lands, the First Obligation After Imam," which advocates "violence designed to terrorize the perceived enemies of Islam," the indictment said. The article was written by the late Abdullah Azzam, whose legacy has inspired terrorist attacks in the Middle East.

Another tract downloaded ? titled "The Slicing Sword, Against the One Who Forms Allegiances With the Disbelievers and Takes Them as Supporters Instead of Allah, His Messenger and the Believers" ? included a foreword by Anwar al-Awlaki, an American propagandist for al-Qaida who was killed in a U.S. drone strike in 2011.

The 30-count indictment provides one of the most detailed public explanations to date of the brothers' alleged motive ? Islamic extremism ? and the role the Internet may have played in influencing them.

"Tamerlan Tsarnaev's justice will be in the next world, but for his brother, accountability will begin right here in the district of Massachusetts," Suffolk District Attorney Daniel Conley, whose jurisdiction includes Boston, said at a news conference with federal prosecutors on Thursday.

The indictment contains the bombing charges, punishable by the death penalty, that were brought in April against Tsarnaev, including use of a weapon of mass destruction to kill. It also contains many new charges covering the slaying of an MIT police officer and the carjacking of a motorist during the getaway attempt that left Tamerlan Tsarnaev dead.

U.S. Attorney Carmen Ortiz of Massachusetts said Attorney General Eric Holder will decide whether to pursue the death penalty against Tsarnaev, who will be arraigned on July 10.

Three people were killed and more than 260 wounded by the two pressure-cooker bombs that went off near the finish line of the marathon on April 15.

Dzhokhar Tsarnaev was captured four days later, hiding in a boat parked in a backyard in Watertown, Mass.

According to the indictment, he scrawled messages on the inside of the vessel that said, among other things, "The U.S. Government is killing our innocent civilians," ''I can't stand to see such evil go unpunished," and "We Muslims are one body, you hurt one you hurt us all."

The Tsarnaev brothers had roots in the turbulent Russian regions of Dagestan and Chechnya, which have become recruiting grounds for Muslim extremists. They had been living in the U.S. about a decade.

There was no mention in the indictment of any larger conspiracy beyond the brothers, and no reference to any direct overseas contacts with extremists. Instead, the indictment suggests the Internet played an important role in the suspects' radicalization.

Tamerlan Tsarnaev spent six months in Dagestan last year, and investigators traveled to the Russian province to talk to the men's parents and try to determine whether he was influenced or trained by local Islamic militants.

Christina DiIorio-Sterling, a spokeswoman for Ortiz, declined to comment on why the indictment did not mention whether authorities believe the elder Tsarnaev received any training during his stay in Russia.

The indictment assembled and confirmed details of the case that have been widely reported over the past two months, and added new pieces of information.

For example, it corroborated reports that Tamerlan Tsarnaev bought 48 mortar shells from a Seabrook, N.H., fireworks store. It also disclosed that he used the Internet to order electronic components that could be used in making bombs.

The papers detail how the brothers then allegedly placed knapsacks containing shrapnel-packed bombs near the finish line of the 26.2-mile race.

The court papers also corroborated reports by authorities that Dzhokhar Tsarnaev contributed to his brother's death by accidentally running him over with a stolen vehicle during a shootout and police chase.

The charges cover the slaying of Massachusetts Institute of Technology police officer Sean Collier, who authorities said was shot in the head at close range in his cruiser by the Tsarnaevs, who tried to take his gun.

In addition, prosecutors said that during the carjacking, the Tsarnaevs forced the motorist to turn over his ATM card and his password, and Dzhokhar withdrew $800 from the man's account.

At the same time the federal indictment was announced, Massachusetts authorities brought a 15-count state indictment against Dzhokhar over the MIT officer's slaying and the police shootout.

___

Tom Hays reported from New York.

Source: http://news.yahoo.com/feds-internet-influenced-boston-bombing-suspect-063522205.html

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iOS 7 preview: Notification Center

iOS 7 preview: Notification Center

Notification Center now provides drop-down access not only to all your alerts, but your most recently missed alerts, and includes an all-new, contextual Today screen as well as Lock screen access!

Notification Center debuted in iOS 5 as way to quickly, easily see all your system and push alerts in one, unified place. Far less obtrusive than the original, modal iOS alert system, better looking if not as feature-rich as the Android or webOS notification centers that preceded it, Notification Center was a first step towards Apple better handling all the alerts all of us now get all day. With iOS 7, Apple has taken another... half step forward.

Here's how Apple describes the improvements to Notification Center in iOS 7:

Notification Center lets you know about new mail, missed calls, to-dos that need doing, and more. And a new feature called Today gives you a convenient summary of, well, today. One glance at your iPhone and you?ll know if it?s a certain someone?s birthday, if you?ll need an umbrella, or if traffic will slow down your commute. You?ll even get a heads-up on tomorrow. You can access Notification Center from any screen, including the Lock screen. Just swipe down. And get up to speed.

And, based on what Apple's shown off at WWDC 2013 and Apple.com to date, here's how it works:

  • Notification Center, like all of iOS 7, is built on a new physics engine so it behaves more like a real-world (if not this world) object. It has velocity and collision detection, so if you slam it down, it'll bounce!

  • The new, tabbed interface lets you choose between Today, All, and Missed.
  • The Missed view only shows you alerts from the last 24 hours.
  • The All view, as the name implies, shows you all alerts.

  • The All view is similar to the iOS 5 and iOS 6 version of Notification Center, with an app-by-app breakdown of your alerts. The Tap to Tweet (Twitter) and Tap to Post (Facebook) buttons appear to be missing, or to have been removed, but I mourn them not for while convenient, they were not notifications and thus existed out-of-context.

  • The Today view shows you the current day and date in large type (ultrathin, of course!) along with a brief, written description of the current weather in your current location, and a written description of your next appointment. It can also tell you if current traffic conditions will impact your next trip. Beneath that you get a more elaborate, more graphical look at Calendar, Reminders, and Stocks, as well as another written out description, this time recapping what's coming up tomorrow.
  • Notification Center, like it's new companion, Control Center, is now accessible from the Lock screen. (Though, presumably, based on previous feature patterns, that'll be an option for those more privacy-minded.)

The core concept of Notification Center remains largely unchanged in iOS 7, which is a boon to people already familiar with how to use it. The ability to pull Notification Center down even while on the Lock screen is interesting. The Lock screen already enjoys notification support all its own, but nothing as powerful or persistent as Notification Center proper. (Unlike Lock screen notifications, a quick swipe in iOS 7 can now get you back to an earlier alert you want to catch up on, or refresh you memory about.) The doubling up is slightly awkward, more function over form, but it will likely appeal to people who prefer convenience over privacy.

The difference between All alerts and Missed enjoys similar overlap but similar appeal to power users. "Missed" might be misnamed, as based on the demos to date it looks more like a "Recent" or "Latest" view, but that might be made clearer once the behavior is better understood (do recent but already seen alerts get excluded, for example?)

Today is the biggest change, both in form and functionality. It harkens back to the old Windows Mobile Today Screen of years and versions passed, but with a decidedly Apple focus, iOS 7 aesthetic, and new-fangled technological bent.

The written out weather and next appointment seems to be a step backwards when it comes to glance-ability and a step forwards in terms of informational density. iOS 5 and iOS 6 had a graphical weather widget that was easier to get the gist of at a glance, but provided little more than "sunny" or "rainy". In a perfect world, Apple would find a way to balance both. Re-introduce a graphical element and keep the deeper text. Likewise with stocks, which used to scroll in one tidy widget, and now sprawls out row after row after row...

Integrating traffic information, on the other hand, is outstanding and hopefully only the first indication that Apple is heading towards a more Google Now-style implementation where they parse location, time, calendar, and every other metric they have at their disposal and present contextually appropriate, predictive alerts in Notification Center.

Unfortunately, for all iOS 7's objectification and direct manipulation the demos to date haven't shown any gesture-based way to dismiss notifications. Other platforms have allowed you to swipe away notifications for a long time already. Even Apple's own Mail has a swipe-to-delete feature, and the immediacy of "tossing things away" is tough to beat. Hopefully Apple addresses this, because the tiny little X button is discoverable, but not very usable by itself.

Perhaps the biggest omission in the whole system remains active notifications, which Apple just introduced for the Mac in OS X Mavericks but hasn't thus far announced for iOS. The ability to quickly respond to a message, reset a timer, or otherwise handle simple items without having to switch apps is even more necessary on mobile than on the desktop. Hopefully actionable notifications on OS X are just a precursor to the same or similar system on iOS, and sooner rather than later.

The new Notification Center will become available to everyone when iOS 7 ships to the general public this fall. Check out the resources below for more, and let me know -- how do you like what you've seen of the newly updated Notification Center so far?

    


Source: http://feedproxy.google.com/~r/TheIphoneBlog/~3/o71U4wCF_PA/story01.htm

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Thursday, June 27, 2013

High court gay marriage decisions due Wednesday

Vin Testa of Washington waves a rainbow flag in support of gay rights outside the Supreme Court in Washington, Tuesday, June 25, 2013, as key decisions are expected to be announced. The Supreme Court resolved five cases, including affirmative action, on Monday. That leaves disputes about gay marriage and voting rights among the six remaining cases. The justices are meeting again Tuesday to issue some opinions and will convene at least one more time. (AP Photo/J. Scott Applewhite)

Vin Testa of Washington waves a rainbow flag in support of gay rights outside the Supreme Court in Washington, Tuesday, June 25, 2013, as key decisions are expected to be announced. The Supreme Court resolved five cases, including affirmative action, on Monday. That leaves disputes about gay marriage and voting rights among the six remaining cases. The justices are meeting again Tuesday to issue some opinions and will convene at least one more time. (AP Photo/J. Scott Applewhite)

FILE - This Nov. 2, 2008 file photo shows supporters of Proposition 8, the state?s measure that banned same sex marriages, in front of city hall during a Yes on Prop. 8 rally in Los Angeles. The U.S. Supreme Court is expected to issue a ruling that will determine the fate of California's voter-approved ban on same-sex marriages on Wednesday morning, June 26, 2013. (AP Photo/Mark J. Terrill, File)

FILE - In this Nov. 5, 2008 file photo, Joni Boettcher, left, kisses her roommate Tika Shenghur during a protest march down Santa Monica Boulevard in West Hollywood , Calif. The U.S. Supreme Court is expected to issue a ruling that will determine the fate of California's voter-approved ban on same-sex marriages on Wednesday morning. (AP Photo/Kevork Djansezian, File)

(AP) ? The Supreme Court is meeting to deliver opinions in two cases that could dramatically alter the rights of gay people across the United States.

The justices are expected to decide their first-ever cases about gay marriage Wednesday in their last session before the court's summer break.

The issues before the court are California's constitutional ban on same-sex marriage and the federal Defense of Marriage Act, which denies legally married gay Americans a range of tax, health and pension benefits otherwise available to married couples.

The broadest possible ruling would give gay Americans the same constitutional right to marry as heterosexuals. But several narrower paths also are available, including technical legal outcomes in which the court could end up saying very little about same-sex marriage.

If the court overturns California's Proposition 8 or allows lower court rulings that struck down the ban to stand, it will take about a month for same-sex weddings to resume for the first time since 2008, San Francisco officials have said.

The high court rulings are arriving amid rapid change regarding gay marriage. The number of states permitting same-sex partners to wed has doubled from six to 12 in less than a year, with voter approval in three states in November, followed by legislative endorsement in three others in the spring.

At the same time, an effort to legalize gay marriage in Illinois stalled before the state's legislative session ended last month. And 30 states have same-sex marriage bans enshrined in their constitutions.

Massachusetts was the first state to allow same-sex couples to marry, in 2004. Same-sex marriage also is legal, or soon will be, in Connecticut, Delaware, the District of Columbia, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington.

Roughly 18,000 same-sex couples got married in California in less than five months in 2008, after the California Supreme Court struck down a state code provision prohibiting gay unions.

California voters approved Proposition 8 in November of that year, writing the ban into the state constitution.

Two same-sex couples challenged the provision as unconstitutional and federal courts in California agreed.

The federal marriage law, known by its acronym DOMA, defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits. Another provision not being challenged for the time being allows states to withhold recognition of same-sex marriages from other states.

DOMA easily passed Congress and was signed into law by President Bill Clinton in 1996, the year of his re-election.

Several federal district and appeals courts struck down the provision. In 2011, the Obama administration abandoned its defense of the law but continued to enforce it. House Republicans are now defending DOMA in the courts. President Barack Obama subsequently endorsed gay marriage in 2012.

The justices chose for their review the case of 83-year-old Edith Windsor of New York, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.

Windsor would have paid nothing in inheritance taxes if she had been married to a man.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-06-26-Supreme%20Court-Gay%20Marriage/id-c232e03af8b7476785f7a61761794d25

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Wednesday, June 26, 2013

Few Tips You Can Use To Find A Right Vacation Rental | Content for ...

Category: Top ? Recreation-and-leisure ? Travel ?

Author: Laura Lee | Total views: 62 Comments: 0
Word Count: 653 Date:

Planning for a holiday, then a vacation rental is easily the most important factor to check into apart from traveling. You have wide assortment of options to choose from once you plan a lease. Right from staying with someone you know to staying as a paying guest to booking a hotel or renting a villa are quite a few things you could think over for a holiday.

Pick a rental place: Renting a place to stay can be a tedious task. You need to have great source of information accessible so you could decide the correct one for you. The issue with choosing a place is, you cannot see the place before you reserve the place. Therefore you have to be a lot more worried about the rental. The quickest and easiest way to ensure you get a correct place will be to assess the place on the net and find pictures of the place and then decide if the place is mainly for you.

Vacation rental - the remain to choose:

Representative for rentals: It'll be a tiresome task to go to a place and locate a rental for you. It is nearly not a possible option that you have. An Agent can be of great help to you in this endeavour. Finding a great tourist guide might make it even easier. Tourist guides are typically well connected in the cities you might want to spend your holiday. Having a right travel agent will ensure you will get a right tourist guide also. There are a wide variety of travel agents available in the internet for you to choose from. Ensure you look for a reputed vendor who has good evaluation from clients and also have good credentials and is large enough as a company.

Avoid agents owning a chain of locations

You need to be the determining factor in making a choice for your stay. Agents with string of rental places will strive to motivate you places that aren't so popular and those that aren't chose by most travelers. It is better to have a good test on the place and see if it's the correct one for you before you opt to finalize the place.

The place you need to rent must have some characteristics and essentials to make your stay memorable. Good laundry services, a great bed having a great and well maintained mattress, a good kitchen with enough equipment for you to cook are a couple of things you got to look for before you finalize the place. Look for alternatives: A great agent should understand what you want and ought to provide you with options. The broker ought to be able to understas well as your need and then show you places that suite your lifestyle along with your journey need. Search for several choices and go through the place thoroughly and be sure to have checked the cleanliness of the place before you freeze on the same.

Well connected location: Planning you trip needs you to really plan the entire trip to its final moments. What you wish to do, where you want to go, and how you need to spend your day will all include in your trip planning. It is of extreme importance your vacation rental is a well connected place. The place must be well connected to local transfer, it must also be connected to great restaurants and shopping places to spend time. The crucial things have to be available at shortest of distances.

Cost: Finally, the most significant part of your holiday will be the affordability of the whole trip. Select a right vacation rental plus a right spot to make sure you don't spend too much cash on the holiday and also you don't withhold yourself from the delights of the trip.

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Source: http://www.content4reprint.com/recreation-and-leisure/travel/few-tips-you-can-use-to-find-a-right-vacation-rental.htm

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The Applicability of the Massachusetts Wage Act Swells in June ...

In late June 2013, the Massachusetts Supreme Judicial Court ("SJC") and the Massachusetts Appeals Court (the "Appeals Court") issued two decisions broadly expanding the breadth of the Massachusetts Wage Act (the "Wage Act") by (i) increasing the types of entities and individuals subject to penalties for violations of the Act and (ii) extending the protections of the Act to out-of-state employees of Massachusetts-based employers, even where those employees did not primarily perform their duties within the commonwealth's borders.

Limited Liability Company Managers May Face Individual Liability for Violations of the Massachusetts Wage Act

Since at least the 1930s, Massachusetts law has been well-defined. Under the Massachusetts Wage Act, a corporation's "president and treasurer . . . and any officers or agents having the management of such corporation" ("Managing Agents") have personal liability for wages that a corporation fails to pay to its employees. Beginning in 2008, the corporation's failure to pay wages when they were due exposed the corporation, and its Managing Agents, to the risk of not only having to pay the unpaid wages, but also, as a penalty, treble damages to the unpaid employees.

This risk of personal liability and enhanced damages has long been an important consideration for sophisticated corporations and their professional advisors. Particularly when a corporation has encountered financial difficulties, the statutory obligations to employees under the Massachusetts Wage Act, the potential for personal liability of the Managing Agents and the risk of treble damages have been key factors to consider?not just for the troubled corporation, but for its lenders and creditors, as well.

But what about a limited liability company ("LLC")? Unlike corporations, LLCs do not have shareholders. Instead, owners of an LLC are members, not shareholders, and hold membership interests, and not stock, in the LLC. Unlike a corporation, an LLC is not required to have a president or treasurer. Instead, an LLC is managed by a "managing member" or "manager."

The Massachusetts Wage Act is silent on whether managing members of an LLC have personal liability akin to the liability of a corporation's Managing Agents. Does the form of the enterprise matter, such that a corporation's Managing Agents have personal liability for unpaid wages, but an LLC's managing member has no such personal liability? Is an LLC sufficiently similar to a corporation that the courts should impose liability on an LLC's managing member? The existing case law on this vital subject has been vague at best and conflicting at worst.

On June 13, 2013, in Cook v. Patient Edu, LLC, the SJC put these questions to rest. The SJC took an expansive reading of (and arguably rewrote) the Massachusetts Wage Act, and held that a manager of an LLC who "controls, directs, and participates to a substantial degree in formulating and determining the financial policy of a business entity" may have personal liability under the Wage Act. This ruling clarifies a previously ambiguous area of Massachusetts law, and likely will inform negotiations among a troubled LLC, its managing members and their creditors. Creditors of financially troubled LLCs will likely come under greater pressure to make concessions necessary to ensure employees are paid timely and in full to avoid the adverse consequences of personal liability of potential treble damages arising from failure or delay in paying employees in full.

The facts of this case are all too familiar to businesses encountering cash-flow problems, such as startups and other emerging businesses. Mr. Cook filed an action for unpaid wages under the Massachusetts Wage Act and sought treble damages against (i) Cook's employer, Patient Edu, LLC, a Massachusetts limited liability company; and (ii) two managers of the LLC. The LLC managers successfully moved to dismiss the claim in the Superior Court, arguing that managers of an LLC were not individually liable under the Wage Act because the individual liability provision of the statute applied only to those employed by corporations, and not by LLCs. "The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation within the meaning of this section." G.L. c. 149, ? 148 (emphasis supplied). (It is important to note that when the provision of G.L. c. 149, ? 148, making corporate officers individually liable for payment of wages, was added in 1932, the LLC did not exist as a form of business association.)

The SJC indicated that it was interpreting the language of the Wage Act "according to the intent of the Legislature," which was to protect wage earners. It opined that "[i]f a liberal, even if not literally exact, interpretation of certain words is necessary to accomplish the purpose indicated by the words as a whole, such interpretation is to be adopted rather than one which will defeat that purpose." To that end, the SJC worked around the literal language of the individual liability section of the Act applying to "corporations," and analyzed the beginning clause of the Act, which states that "[e]very person having employees in his service shall pay" (emphasis supplied) those employees their wages either weekly or biweekly (or on a less frequent basis in certain circumstances). The SJC held that because a manager or other officer or agent of an LLC, limited liability partnership or other limited liability business entity may be a "person having employees in his service," that person may be civilly or criminally liable for Wage Act violations if he "controls, directs, and participates to a substantial degree in formulating and determining policy" of the business entity.

There are at least three key takeaways from the Cook opinion for employers and legal counsel:

  1. Those advocating a narrow interpretation of Cook are likely to focus on the actual holding, which narrowly imposes liability only on LLC managers who "control[ ], direct[ ], and participate[ ] to a substantial degree in formulating and determining the financial policy" of the LLC. It may be challenging in larger entities to identify precisely which manager "controls, directs and participates to a substantial degree" both "in formulating and determining" the LLC's financial policies. The restrictive limiters (only managers who control, direct and participate to a substantial degree) may mean, as a practical matter, that very few individuals have meaningful risk of personal liability where an LLC fails to pay employees timely and in full.
  2. Those advocating a broad interpretation of Cook are likely to focus on two aspects of the opinion. First, notwithstanding that the Massachusetts Wage Act nowhere mentions LLCs, the SJC nevertheless ignored the plain meaning of the statute and instead relied on the perceived legislative intent (more on this below) to extend the statute's imposition to certain managers of an LLC. Second, the SJC's broad interpretation of the Massachusetts Wage Act appears to suggest that it applies to hold individuals liable where individuals involved in other business entities [such as limited liability partnerships ("LLP"), joint ventures, business trusts and loan participations and syndications, to name a few] also have personal liability for unpaid wages. The SJC's careful wording?that one who "controls, directs, and participates to a substantial degree in formulating and determining the financial policy of a business entity?by its terms is not limited solely to managers of LLCs. Further case law will develop the breadth and limitations of the SJC's words.
  3. In rejecting a conclusion based upon the plain meaning of the Massachusetts Wage Act, the SJC pointedly rejected the method of statutory interpretation favored by the current members of the United States Supreme Court. That Court in recent times has emphasized, repeatedly and emphatically, that statutory interpretation that rejects the actual language of a statute in favor of the presumed legislative intent is erroneous. It will be fascinating to observe how the starkly differing approaches of the SJC (which generally has the final say in the interpretation of Massachusetts statutes) and the United States Supreme Court will play out when a Massachusetts statute becomes the subject of a Supreme Court case.

Therefore, like their corporation counterparts, managers and members of limited liability business entities should ensure that all employee wages (to include commissions that are due and payable and vacation pay) are paid according to the time lines set forth in the Wage Act. Failure to do so may result in individual liability for mandatory triple damages under the Wage Act. This cautionary reminder applies equally to managers of limited liability business entities contemplating insolvency issues, including bankruptcy. LLC managers and officers of other limited liability business entities who control, direct and participate to a substantial degree in formulating and determining policy of the business entity will remain liable for Wage Act violations even after the employer files for bankruptcy.

Another Recent Appeals Court Ruling

Although the Wage Act is silent on the issue of whether it applies to out-of-state employees, the Appeals Court holds that the Act applies to out-of-state employees of Massachusetts employers where Massachusetts had the most significant relationship to the employee's employment.

On June 19, 2013, the Appeals Court added another layer of complication for Massachusetts employers striving to be compliant with the Wage Act. In Dow v. Casale, the Appeals Court, using a multifactorial choice-of-law analysis, held that a mobile salesperson who resided in Florida was entitled to the protections of the Wage Act.

The Appeals Court's choice-of-law analysis was quite fact-specific and relied on the following factors:

  • The employer was a corporation with a sole place of business in Massachusetts.
  • The chief executive officer, also named individually in the claim, was a Massachusetts resident.
  • The customers which the sales employee acquired entered into business with the employer/corporation in Massachusetts.
  • The employee's business cards identified the employer/corporation's Massachusetts contact information as that of the employee.
  • Paychecks were issued from Massachusetts.
  • The employee came to Massachusetts on business multiple times each year.
  • The employer communicated with the employee from Massachusetts via email and telephone.
  • The employment agreement between the employee and employer provided that it was governed by and interpreted under the law of Massachusetts.

Accordingly, Massachusetts employers should be aware that the protections of the Wage Act may, depending on the circumstances, protect employees working outside of Massachusetts. As such, employment practices related to such employees should be reviewed prudently to ensure compliance with Massachusetts law.

Source: http://www.jdsupra.com/legalnews/the-applicability-of-the-massachusetts-w-89663/

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