The Commonwealth of Massachusetts is the latest of many jurisdictions—including neighboring Vermont as well as Minnesota—to adopt new laws promoting pay equity....more
9/6/2024
/ Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Human Resources Professionals ,
Pay Equity Act (PEA) ,
Pay Equity Laws ,
State Labor Laws ,
Vermont ,
Wage and Hour
On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more
As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The...more
5/20/2024
/ Amicus Briefs ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
We recently reported on the Federal Trade Commission’s (FTC) 3-2 vote to issue its final noncompete rule that, unless it is enjoined, would ban all new noncompetes and a majority of existing noncompetes (the Noncompete...more
4/26/2024
/ Chamber of Commerce ,
Competition ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
As expected, the Federal Trade Commission (FTC) voted 3-2 yesterday to issue its final noncompete rule, with only a few changes from the proposed rule that are discussed below. Unless it is enjoined, which we expect, the rule...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians.
However, in such a quickly evolving legal landscape, the decision to take the matter...more
This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry:
Restrictive covenants are...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more
Important changes are coming to the Massachusetts Paid Family and Medical Leave law (PFML), which requires covered employers to provide eligible employees with paid time off for certain qualifying absences. First, the...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
California has some of the strongest regulations on restrictive covenants. How can employers in the...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Most restrictive covenant disputes are resolved out of court. However, what about the restrictive...more
Like the diversity of the industry itself, merger and acquisition (M&A) transactions in health care take many forms, varying in size and complexity.
While buyers tend to focus on several things as part of those transactions,...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Human capital often drives the value of merger and acquisition (M&A) deals in the health care industry....more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The inevitable disclosure doctrine, expected to be a widely used tool to protect trade secrets after the...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The 2023 Academy Awards are over, but we’re keeping the awards season alive with our very own Trade...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
The holidays are over, and year-end bonuses are being paid, making January and the first quarter a...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
An employer often overlooks training employees on what their restrictive covenant means and how to honor...more
9/21/2022
/ Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Former Employer ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.
Two and a half years into the pandemic, it appears that remote work is here to stay, to varying degrees,...more
This week, we introduce Spilling Secrets, a new monthly podcast series on the future of non-compete and trade secrets law.
If you're hiring from a competitor amid the Great Resignation, one of your top priorities is not...more
The landscape for restrictive covenants and confidentiality agreements is changing rapidly across the country.
Notice periods, compensation thresholds, and consideration requirements are increasingly common, and the days...more
3/3/2022
/ Administrative Feasibility ,
Choice-of-Law ,
Confidentiality Agreements ,
Contract Drafting ,
Employment Contract ,
Forum Selection ,
Garden Leave ,
Hiring & Firing ,
Multistate Employers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Webinars
This week, we’re breaking down what last week’s U.S. Supreme Court decision on two of the federal vaccine mandate rules will mean for employers.
Supreme Court Blocks OSHA ETS, Upholds CMS Mandate (see video attached)
The...more
1/19/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Ready for the “new normal”? Starting January 15, 2022, Boston’s “B-Together” Vaccine Mandate (“the mandate”) will require certain indoor establishments to require proof of COVID-19 vaccination for entry from employees,...more
Over the past few years, lower courts in Massachusetts have grappled with determining whether the “ABC test” under the independent-contractor statute provides the proper framework for assessing joint-employment liability. The...more