Preparing for Layoffs
By Mike Brier
No business relishes the prospect of employee layoffs. But, especially with interest rates higher than they have been in many years, tech companies need to be prepared …
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Litigation & Employment
What Does The Starbucks DEI Lawsuit Mean For My Company?
By Jennifer Henricks
On September 11, 2023, a district court judge in the Eastern District of Washington entered an order dismissing a lawsuit brought by a conservative advocacy group, which …
Is Your Company Considering a Layoff?
Many companies are facing hard decisions as financial challenges continue and the fear of recession lingers.
How the Recent NLRB Decision Affects Your Severance Agreements
On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) ruled that the proffer of broad confidentiality and non- disparagement provisions in severance agreements violates the National …
Should Chapter 93A § 11 Claims Be Tried to Juries
Superior Court Business Litigation Session published an opinion this afternoon in the matter of Governo Law Firm LLC v. CMBG3 LLC that is interesting in several respects.
The Federal Trade Commission Puts Companies That Abuse Noncompetes On Notice
The Federal Trade Commission would like to preempt state law and make most noncompetes illegal as a matter of nationwide federal law. In January it began a rulemaking toward that …
Spoliation
You own a business and have a document retention policy pursuant to which documents are deleted periodically. Somewhere in the wind that always surrounds your business is the prattle of discontent …
Massachusetts Law Dramatically Changes Non-Competition Rules
The Massachusetts Legislature has attempted to pass legislation regulating noncompete agreements every year since 2009. This year, it finally succeeded. The new law, which will take effect on October 1, …
Will Your Non-Compete Agreements With Employees Become Illegal?
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking – Non-Compete Clause Rulemaking (the “Notice”) – that proposes a federal rule prohibiting the use …
Supreme Court Will Decide Whether Google’s Algorithm-Based Recommendations are Protected Under Section 230
Have you noticed that when you perform a search on Youtube you start seeing links to similar content? If you search for John Coltrane, Youtube will serve up links to …
Important Wage Act Update
The Massachusetts Wage Act, M.G.L. c. 149, §148, is a particularly punitive statute for Massachusetts employers – entitling employees who are not timely paid their wages to three times the …
Can My Massachusetts Employer Require Me to Get the COVID-19 Vaccination?
By McKenna Heath
Since our previous article from August 2021, employers have more frequently established and enforced mandatory COVID-19 vaccination policies. Employers have the discretion to implement mandatory vaccination policies …
Is My New Hire an Independent Contractor?
some workers are classified as “independent contractors” and are not entitled to all of the statutory protections and requirements applicable to employees.
When Does ADR Make Sense?
Not infrequently, businesses find themselves enmeshed in disputes that cannot be resolved through informal negotiation. Those disputes can always be litigated in the courts, but the path to resolution is …
Should Massachusetts Companies Use Non-Competition Agreements?
The short answer is yes. The 2018 change in Massachusetts’ noncompetition laws leveled the playing field for employees, but employers should not abandon this important tool for protecting trade secrets …