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
Non-compete reform has continued apace in the Northeast as President Biden has expressed interest in a federal law impacting the use of non-competes. As a candidate, President Biden promised to “eliminate non-compete...more
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
The Occupational Health and Safety Administration (“OSHA”) has issued a flurry of citations against employers over the past month related to COVID-19. As businesses reopen and workers return to their workplaces, OSHA’s...more
On September 11, 2020, the Department of Labor (“DOL”) promulgated revised regulations clarifying workers’ rights and employers’ responsibilities under the Families First Coronavirus Response Act’s (“FFCRA”) paid leave...more
The Order Superseding his previous travel advisory, Governor Baker has issued Executive Order No. 45, mandating that all travelers to Massachusetts must complete a Travel Form and quarantine for 14 days after arriving in...more
With summer vacation season upon us and many businesses beginning the process of reopening, many employers are now dealing with employees leaving Massachusetts to travel out of state, potentially to areas of the country that...more
7/14/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Baker ,
Health and Safety ,
New Guidance ,
Quarantine ,
Re-Opening Guidelines ,
Travel Restrictions ,
Vacation Leave ,
Virus Testing ,
Workplace Safety
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
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
Maine, Maryland, New Hampshire, Washington and Rhode Island have recently joined the growing ranks of states that prohibit non-competes with lower income workers, reflecting a growing public policy concern regarding fairness...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
In the early hours of this morning, the House and Senate advanced the non-compete legislation without any amendments...more
On uly 25, 2018, the Massachusetts Senate passed an Economic Development bill that revives the long-debated issue of non-compete legislation in the Commonwealth....more
Over the past few years, we have reported on the Massachusetts Legislature’s unsuccessful attempts to alter non-compete law in the Commonwealth. In 2016, the Legislature was tantalizingly close to passing legislation before...more
Two recent cases reaffirm that Minnesota remains among the small, but growing, list of states that require employers to provide advance notice of any non-compete to a potential future employee prior to the commencement of...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