News

On October 1, 2018, Massachusetts law governing non-compete agreements and the protection of trade secrets changed.  While much remains unclear on how these new laws will be interpreted by the courts, here is what we do know: Non-compete Agreements The new noncompete law applies to all employees (and independent contractors) who are employed in or a resident of Massachusetts.  Under the new law, noncompete provisions in employment agreements: Are not enforceable against (i) hourly employees, (ii) undergraduate or graduate students employed as interns, or (iii) minors; Are not enforceable if an employee is terminated without cause; Must be in writing, be provided to potential new employees at least 10 days prior to the start of a job or before offering the job, and must expressly state that the employee has the right to consult with a lawyer prior to signing; Must include  additional consideration for the noncompete obligation other than “continuation of employment” for existing employees, and must provide those employees with the same 10 days’ notice and right to consult with a lawyer prior to signing; With limited exceptions, must be no longer than one year; Must be reasonable in geographic scope and reasonable in the scope of the...

On July 1, 2018, the updated Massachusetts Equal Pay Act[1] will go into effect to remedy the continuing gender wage gap between male and female wage earners. Under the new legislation, all Massachusetts employers are prohibited from paying employees of different genders a different wage for performing comparable work. The law’s scope includes out-of-state employers who have employees with a primary place of work within Massachusetts. Under existing law, an employer must pay equal wages where jobs are comparable in skill, effort, responsibility, working conditions, and substantive content.  For example, while food service work and janitorial work require comparable skill, effort, responsibility, and working conditions, the jobs are not comparable because they are substantively different and therefore, unequal wages between the two jobs is acceptable. Under the new law, however, comparable work is more broadly defined. Even if two jobs are substantively different, they can be considered comparable, thus requiring equal pay. Thus, a food service job may be considered comparable to a janitorial job if the two jobs require similar skills, effort, responsibilities and working conditions, even though they are substantively different positions. “Wages” includes incentive pay, deferred compensation and the opportunity to participate in benefit programs under the...

The Pregnant Workers Fairness Act (the “Act”)[1] goes into effect April 1, 2018. Are you ready?   The Act applies to all employers with six or more employees. In creating a new protected class, the Act prohibits employment discrimination on the basis of pregnancy or a condition related to pregnancy.  An employee may have a condition related to pregnancy during or after pregnancy.  Examples are morning sickness, lactation, or the need to express breast milk. No later than April 1, 2018, employers must provide written notice, in a handbook, pamphlet, or some other form, to all employees of the “right to be free from discrimination in relation to pregnancy or a condition related to the employee’s pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child, including the right to reasonable accommodations for conditions related to pregnancy.”[2] In addition to the general notice requirement, written notice of rights under the Act must be provided to (1) all new employees at or prior to commencement of employment; and (2) to employees who notify the employer of a pregnancy or an employee who notifies the employer of a pregnancy-related condition, no more than 10...