Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to...more
As momentum for regulation of non-competes grows at the federal level, states continue to pass restrictive non-compete legislation on their own.
As previously reported, on January 5, 2023 the Federal Trade Commission...more
8/2/2023
/ Employment Contract ,
Federal Trade Commission (FTC) ,
New Legislation ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Pending Legislation ,
Proposed Legislation ,
Restrictive Covenants ,
Unfair Competition
On June 12, U.S. District Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas upheld a policy established by Houston Methodist Hospital that requires employees to be vaccinated against...more
6/15/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
With the FDA’s recent approval of Pfizer-BioNTech’s COVID-19 vaccine, the FDA’s Vaccines and Related Biological Products Advisory Committee’s Advisory Council’s scheduled vote of today on the use of Moderna’s COVID-19 vaccine...more
On May 18, 2020, Governor Baker outlined a Four Phase Reopening Plan for Massachusetts. Beginning on May 25, 2020, certain businesses – including manufacturing, construction, laboratories, hair salons, and general office...more
The Court of Appeals for the First Circuit found that a Delaware choice of law provision in a non-competition and non-solicitation agreement with a former Massachusetts employee was sufficient to invoke Delaware law. Notably,...more
Earlier this week, the Department of Labor issued additional guidance on the unemployment benefits modifications contained in the CARES Act. This guidance includes Questions and Answers that directly address employers’...more
The U.S. Department of Labor issued a Temporary Rule on April 1 providing further guidance with respect to the paid leave available under the Families First Coronavirus Response Act (the “FFCRA”). ...more
Employers across the United States continue to respond to and implement guidance from public health authorities to mitigate the spread of COVID-19. Both the rapid spread of the virus and the prolonged incubation period...more
3/23/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Response ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Sick Employees ,
Sick Leave ,
State of Emergency ,
Virus Testing ,
Wage and Hour ,
WARN Act
As we previously reported in the context of low-wage workers, Rhode Island recently passed the Rhode Island Noncompetition Agreement Act, which will be effective January 2020. This legislation extends protections far beyond...more
Last month, the Supreme Judicial Court dismissed a suit brought by a Massachusetts employer to enforce a non-compete on its California-based employee on the ground of forum non conveniens. The SJC held that the non-compete’s...more
This week, Massachusetts’ Noncompetition Agreement Act became effective. For employers, this means that all non-compete agreements entered into on or after October 1, 2018 must comply with the new law’s requirements. It is...more
In the early morning hours of August 1, 2018, the Massachusetts House and Senate passed long-awaited non-compete legislation. Assuming that Governor Baker signs the bill into law, the legislation will become prospectively...more
On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several...more
As we previously reported, the Massachusetts House and Senate passed contrasting versions of non-compete reform bills in 2016 but were unable to come to an agreement by the end of the legislative session. Efforts began anew...more
This week, the Obama Administration continued its ongoing efforts to curb what it considers to be the “gross overuse” of non-compete agreements. In a “State Call to Action,” the White House encourages legislatures to adopt...more
In what may be a trend, several courts around the country this year have embraced strict interpretations of non-compete agreements, refusing to blue pencil or equitably reform overbroad or unreasonable clauses in non-compete...more
Once again, the Massachusetts legislature took on non-compete reform, and once again, came up empty-handed. On July 31, 2016, the legislature adjourned without reaching a compromise to alter the state’s non-compete landscape....more
In the first half of 2016, we have already seen significant changes to a number of state non-compete laws. In this post, we provide a compilation of recently enacted legislation in Alabama, Connecticut, Idaho, Oregon, and...more
As states continue to struggle with the pros and cons of non-competes, the White House has recently weighed in, siding largely with critics of non-competes. In Non-Compete Agreements: Analysis of the Usage, Potential Issues,...more
Earlier this week, the Joint Committee on Labor and Workforce Development released proposed amendments to the Uniform Trade Secrets Act, which would include the creation of the Massachusetts Noncompetition Agreement Act. The...more
In the last few weeks, Utah and Idaho have each passed bills changing the landscape of non-compete enforceability in strikingly different ways. Utah’s law places further limitations on the use of non-competes. In contrast,...more
This morning, House Speaker Robert DeLeo announced at a Greater Boston Chamber of Commerce breakfast that the House will be releasing a bill this session that imposes some limitations on non-competes. Although the language of...more
Judge Janet L. Sanders of the Superior Court’s Business Litigation Session has continued the trend of Massachusetts courts refusing to recognize the inevitable disclosure doctrine....more
In American Well Corporation v. Obourn, Civil No. 15-12265-LTS, 2015 WL 7737328 (D. Mass. Dec. 1, 2015), Judge Sorokin of the United States District Court for the District of Massachusetts upheld a non-compete entered into...more