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Author Archives: Rich Van Nostrand
The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 2
Following the Massachusetts legislature’s attempt at reform of the use of employee noncompetition agreements last summer, three other New England states – New Hampshire, Maine and Rhode Island –passed their own noncompetition agreement reform bills in the summer of 2019. … Continue reading
The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 1
Most readers are probably aware that the Massachusetts legislature, after a decade of starts and stops, passed a very detailed bill retaining but reforming the use of employee noncompetition agreements last summer. While we were the first New England state … Continue reading
More News on the Noncompete Front: Employers Should Still Expect Strict Scrutiny of Their Restrictive Covenant Agreements
In earlier posts, I reported on the passage of the new Massachusetts Noncompetition Agreement Act, which took effect on October 1, 2018. That Act significantly changed the law in this area, narrowing the permissible protections and imposing several new requirements … Continue reading
Posted in Non-Competition Agreements
Tagged Massachusetts, Non-Competition Agreements, noncompete
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A Rebalancing for Wage Act Claims and Class Actions?
Citing three Wage Act cases in 2018, I raised the question in this space whether the Massachusetts Supreme Judicial Court was now taking a more pro-employer view. With appointees of Governor Baker now holding a majority of the Court, did … Continue reading
Posted in Wages
Tagged Chapter 149, Gammella v. P.F. Chang's, Massachusetts Wage Act, Wage Act
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WARN Act Violations ≠ Wage Act Violations
Early in 2018, the Massachusetts Wage Act, G.L. c. 149, §148, was in the news with two noteworthy decisions by the Massachusetts Supreme Judicial Court. Bookending 2018, the Supreme Judicial Court closed the year with yet another decision narrowing the … Continue reading
Judicial Protection of the Employment Relationship: The Broad Reach of the Workers’ Compensation Retaliation Prohibition
The Massachusetts Appeals Court recently had the opportunity to assess the limits of a statute designed to protect employees – the prohibition on employer retaliation against employees for pursuing Workers’ Compensation claims. The Court seized upon the unique facts of … Continue reading
Posted in Workers Compensation
Tagged Appeals, Bermudez, Massachusetts, retaliation, Workers Compensation
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Constructive Discharge Claims: Recent Appellate Decision Narrows Availability
In our defense of employers, we often see the situation where an employee who has quit makes the argument as part of the claim that the actions of the employer compelled the employee to resign. This “constructive discharge” argument can … Continue reading
Posted in Constructive Discharge
Tagged Appeals, Constructive Discharge, Employment Litigation, Flint, Massachusetts
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Is Your Noncompete Still Valid? Technically Yes, But . . . Recent Decision Foreshadows How The New Massachusetts Noncompetition Agreement Act May Impact Existing Agreements
In an earlier post, we reported on the passage of the new Massachusetts Noncompetition Agreement Act, which takes effect on October 1, 2018, and significantly changes the law in this area by narrowing the permissible protections and imposing several new … Continue reading
Violation of Sick Time Payout Policy Not a Wage Act Violation
The Massachusetts Wage Act, G.L. c. 149, §148, is in the news again, the subject of another noteworthy decision by the Massachusetts Supreme Judicial Court. Like the decision declining to extend personal liability to Board members and investors for Wage … Continue reading
Posted in SJC, Wages
Tagged payout, sick time, SJC, termination, vacation time, Wage Act, Wages
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Sexual Harassment Settlements as Tax Policy: Non-Deductibility of Payments and Legal Expenses
The Tax Cuts and Job Act passed by Congress on December 22, 2017, includes a surprising provision that may have a significant impact on settlements of sexual harassment and other claims. Under Section 13307 of that Act, the Internal Revenue … Continue reading
