Tag Archives: Massachusetts

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

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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

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Governor Baker Signs Noncompetition Bill Into Law

Last Friday, August 10th, Governor Baker signed into law the “Act relative to the judicial enforcement of noncompetition agreements” (the “Act”). Governor Baker’s signature came 11 days after the Massachusetts Legislature passed the Act. As Amanda Baer explained in her recent … Continue reading

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Massachusetts Legislature Passes Long-Anticipated Act Limiting Noncompetition Agreements

On July 31, 2018, the Massachusetts Legislature passed the “Act relative to the judicial enforcement of noncompetition agreements” (the “Act”). If signed by Governor Charlie Baker, the Act will take effect on October 1, 2018 and limit the ability of … Continue reading

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Massachusetts Employers: Review Your Job Applications ASAP

Massachusetts Attorney General Maura Healey recently took action to enforce Massachusetts’ “ban the box” law for the first (publicly known) time since the law’s enactment in 2010. The AG’s actions and related statements send a clear message to Massachusetts employers … Continue reading

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Are You In Compliance with the Pregnant Workers Fairness Act That Went Into Effect April 1st?

If you have not taken steps to comply with the Pregnant Workers Fairness Act (“PWFA”), you are already in violation of the statutory mandate related to required postings.  Specifically, all employers with six or more employees were required to provide a notice … Continue reading

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Employment Law Ballot Initiatives May Go To Massachusetts Voters

Massachusetts voters may soon get another chance to significantly impact employment relationships in Massachusetts through the ballot box, just as they did in 2015 with their approval of the Earned Sick Time law.  This past week, the Attorney General of … Continue reading

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Know Your Employees – Or Else!

Recent Appeals Court Case Highlights An Employer’s Potential Liability For An Employee Outrageously Overstepping the Bounds On a dark and stormy night, your employee abuses her access to your electronic data systems and snoops in an insurance database to dig … Continue reading

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What Massachusetts Employers Should Know About Recreational Marijuana

On November 8, 2016, Massachusetts voters approved a ballot question legalizing marijuana for recreational and commercial use. The Regulation and Taxation of Marijuana Act (the “Act”) provides that – as of December 15, 2016 – persons at least 21 years … Continue reading

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Wait ‘Til Next Year?

Despite Legislative Inaction, it May Be Time to Test the Fitness of Your Non-Competes When the clock struck midnight on August 1st, it brought the Massachusetts legislative session to a close.  It also brought to a close the latest efforts … Continue reading

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