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Using New Technology to Vet Job Applicants Can Violate the Massachusetts Lie Detector Statute….

In March I published a post about the risks associated with using background checks to vet new employees. A recent decision in the Federal District Court, Baker v. CVS Health Corp., highlights a related peril: using interview...more

If You Use Background Checks to Vet New Employees, Don’t do This….

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

Why Not Try To Preempt Employee Claims by Shortening the “Statute” of Limitations?

No company wants to be sued by its current or former employees, particularly for discrimination claims. Even if you prevail, litigating such claims inevitably exposes you to public stigma and internal discord. In such...more

Be Prepared to Pay All Wages and PTO on the Day You Terminate An Employee – No Matter What the Reason For Termination

Under the Massachusetts Wage Act, M.G.L. c. 149 § 150, a terminated employee is entitled to be paid all wages, including accrued vacation time, on the day of termination, and the failure to do so makes the employer liable for...more

Second In-House Counsel Roundtable Discussion on Covid-19

Last Thursday morning, the In-House Advisor convened a second video conference of General Counsel and Corporate Counsel to discuss how their businesses are dealing with the Covid-19 crisis. As with the prior meeting, the...more

Damages and Liquidated Damages in Restrictive Covenants

When seeking to enforce a restrictive covenant, whether a noncompete or a nonsolicit, the standard play-book calls for an aggrieved party to file suit and seek a temporary restraining order and preliminary injunction to...more

Be Careful Not to Withhold Key Information When Courting a Potential New Hire or Business Partner

So your company is considering getting into a new area of business, and to do so, it will have to hire a variety of talent. While the launch of the new venture is not a certainty, the prospects of it are enticing, and time is...more

Give Employees a Chance to Explain Before Terminating Them

As regular readers of this blog know, a day that is scheduled to be filled with relatively routine and non-controversial matters can get turned upside and require immediate action without any advance notice. One such...more

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