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Changes to MA non-competition laws starting Oct. 1

By now, many employers are aware that Massachusetts law governing non-competition agreements is changing at the end of this month. A non-competition covenant or agreement is a provision in either an employment agreement, offer letter or separate agreement where an ...

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SJC refuses to enforce Massachusetts noncompete on California employee

On September 7, 2018, the Massachusetts Supreme Judicial Court refused to enforce a non-competition and non-solicitation agreement between a Massachusetts company and its California-based former employee who joined the employer’s competitor in California. The SJC reached this decision, in Oxford Global ...

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New Massachusetts Trade Secret Laws Effective October 1, 2018

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 ...

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Workplace safety comes to the forefront for expanding healthcare industry

Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Healthcare workers face a range of safety issues, such as ergonomics, blood borne pathogens, and ...

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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 ...

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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 ...

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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 ...

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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 ...

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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, ...

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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 ...

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