To protect their business interests, many employers include noncompetition clauses in their employment agreements, which place prohibitions on employees working for competitors or within the same industry after parting with their current employer. However, in October 2018 Massachusetts passed G.L. c. 149, § 24L, which governs noncompetition agreements. The failure to meet the requirements of […]
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Federal and Massachusetts laws guarantee that no person shall be denied the right to work based on characteristics such as race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability/handicap, criminal record and genetic information (including family medical history). In order to comply with the law, employers […]
The Computer Fraud and Abuse Act (CFAA) was enacted by Congress in 1986 as a response to the emergence of computer crimes. Oftentimes in the employment situation when an employee leaves there is a claim that the employee took computerized materials with them and violated the CFAA. The United States Supreme Court recently narrowed the […]
The departure of key employees can be quite damaging to a business’ bottom line. It is not surprising that businesses go to great lengths and spend significant sums of money to keep those employees. Sometimes, those lengths take the form of additional pay and benefits to the key employee. In other instances, the measures take […]
Every employer is well advised to have a written employee handbook consisting of a written compilation of rules, standards and policies governing the management of the employer’s human resources. Employers should carefully consider their business, legal, employee relations and general objectives for creating an employee handbook, and then treat it as a living document, conducting […]
In the current age of global pandemics and unprecedented economic instability, many employers and employees find themselves stressed to the maximum. A recent decision by a Federal Appeals Court that an employer did not discriminate against an employee by firing her for misconduct she attributed to post-traumatic stress disorder has shed some new light on […]
Laws permitting the medicinal use of marijuana were enacted in Massachusetts in 2012 and on July 1, 2018, recreational marijuana was legalized. The Commonwealth’s evolving law governing marijuana usage presents profound challenges for Massachusetts employers seeking to protect their customers, employees and themselves. This article will briefly examine some of the current trends in marijuana […]
In “DOJ Action Is A Cautionary Tale On Employer No-Poach Pacts,” Eric Walz and Adam Shafran provide their expert analysis and highlight a significant consequence of the DOJ’s recent indictment of a company for utilizing a no-poach agreement to restrict movement of top level employees (United States of America v. Surgical Care Affiliates, LLC and […]
In today’s world, political discourse is rarely civil and can often lead to potentially tense and/or hostile disagreements. However, if an employee makes the choice to discuss hotly contested political topics in the office, could that employee be subject to discipline for his/her viewpoints, or does the First Amendment protect free speech and shield the […]
It is widely accepted throughout the legal community that there will be a wave of COVID-19 related litigation once the immediate impact of the pandemic settles. As COVID-19 spread, employers quickly closed their offices and transitioned employees to remote working without time to plan. When the dust settles, employers should expect that they will be […]
