The retail industry closely guards customer and distribution lists, the software and code for the operation of its websites and downloadable mobile apps, and, in many cases, algorithms used to evaluate and monitor sales trends. In many cases, these valuable assets ...
Read More »Student loan debt and 401(k) plans
A new ruling was recently released by the Internal Revenue Service that presents a very intriguing possibility for employers looking to economically support employees with student debt burdens. The idea is that an employee can receive the economic equivalent of ...
Read More »Plaintiff’s Chapter 93A claim boomerangs when plaintiff moves to dismiss Chapter 93A counterclaim
A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois. We’ll start with a bit about the ...
Read More »Massachusetts Legislature passes non-compete reform bill
After many years of debate, the Massachusetts Legislature passed a comprehensive non-compete reform bill. If Governor Baker signs the bill into law (as is expected), the new law would prohibit employers from requiring that certain types of employees sign non-competition ...
Read More »The NLRB continues to protect vulgarity in the workplace
Seyfarth Synopsis: Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may still find protection under the National Labor Relations ...
Read More »The Massachusetts Equal Pay Act: What employers need to know
The Massachusetts Equal Pay Act became effective on July 1, 2018. It calls for all Massachusetts employers, irrespective of size, to pay men and women the same for comparable work. The new law, which amended G.L. c. 149, Section 105A, ...
Read More »Federal Circuit rules no tribal immunity in IPRs
The Federal Circuit recently issued its much anticipated decision in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals. A panel of the court, consisting of Judges Dyk, Moore, and Reyna, held that “tribunal sovereign immunity cannot be asserted in IPRs.” Relying on the Supreme ...
Read More »Corporation does not owe fiduciary duty to shareholders
“Under Massachusetts law,” Judge Salinger observed inStone v. Remillard, “a corporation does not owe a fiduciary duty to its shareholders.” In support of that blackletter law, Judge Salinger cited to footnote three of Merola v. Exergen Corp., 423 Mass. 461 (1996). ...
Read More »H-1B compliance: What to do when you terminate your H-1B employee
Many employers are aware that they are responsible for the reasonable cost of an H-1B worker’s return transportation home if they terminate an employee prior to the expiration of their H-1B petition. What many employers do not realize is that ...
Read More »America’s Test Kitchen faces abuse of process claim
America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK, Thorndike misappropriated confidential information and aided ...
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