Our lawyers have been at the forefront of employment law in the community association space from day one. We have successfully represented community association employers, including condominium boards and property management companies, in employment discrimination cases, wrongful termination, non-competition, non-solicitation and confidentially agreement disputes. Whether it be through litigation, mediation or settlement we have provided successful strategies for our clients that meet the needs of this fact intensive practice.
It is true that the primary function of an organization of unit owners is to manage and maintain the common area of the condominiums. However, that charge often involves hiring employees, either directly or indirectly. A condominium association employer that has hired an employee directly is subject to a web of state and federal laws. Additionally, a condominium association with property management or maintenance staff employed by a professional management company may be viewed as a co-employer and be subject to those same state and federal laws.
Our lawyers have been at the forefront of employment law in the community association space from day one.
As an employer, or co-employer, a condominium association employer is generally subject to all the same requirements, obligations and liabilities as any other commercial employer in the Commonwealth. The rules and laws that govern the hiring or retention of employees, over-time pay, minimum wage, employment discrimination, accommodation of disability or handicap and any of the additional myriad statutes, rules and regulations that apply to employers are involved and fraught with traps for the unwary. MBM’s lawyers can field one-off questions when they arise, can help a community association employer develop systems and protocols to limit its exposure and defend a condominium association employer in the event it is subject to either an enforcement action by any regulatory agency or suit by an existing or former employee.