jump to navigation

Employment Law Alert: Federal Judge Temporarily Blocks New Overtime Rule From Taking Effect On December 1 11/23/2016

Posted by Morse, Barnes-Brown Pendleton in Employment.
Tags: , , , , , ,
add a comment

ELA Alert Banner Logo (M0053443xB1386)MBBP’s Employment Law Group just released an Employment Law Alert regarding a preliminary order by a federal judge in Texas that temporarily blocks the U.S. Department of Labor (DOL) from implementing changes to the salary basis for white collar overtime exemptions.

Learn more on our Employment Law Blog.

Employment Law Alert: Are You Ready to Reclassify? New Overtime Regulations Go Into Effect on December 1, 2016 10/05/2016

Posted by Morse, Barnes-Brown Pendleton in Employment.
Tags: , , , , , , ,
add a comment

MBBP’s Employment Law Group just released an Employment Law Alert regarding the new overtime regulations that will take effect on December 1, 2016.  Any employees who earn less than $47,476 annually will be entitled to overtime and must be treated as non-exempt, as per the U.S. Department of Labor’s final rule. ELA Alert Banner Logo (M0053443xB1386)Don’t wait any longer to address this critical change in the law.

Learn more on our Employment Law Blog.

Employment Law Alert: Massachusetts Pay Equity Law Imposes New Restrictions 08/11/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.
Tags: , , , , , , ,
add a comment

2015-01-05_8-57-41MBBP’s Employment Law Group just released an Employment Law Alert regarding the recent wage equality act signed in Massachusetts. On August 1st, 2016, Governor Charlie Baker signed, “An Act to Establish Pay Equity (the Act)” which requires men and women to receive equal pay for comparable work and forbids employers from asking prospective employees about salary history.

Learn more on our Employment Law Blog.

MBBP Client ConforMIS, Inc. Acknowledged for Patient Satisfaction with Knee Replacements 07/07/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Life Sciences, Medical Devices.
Tags: , , , , , ,
add a comment

ConforMIS, Inc., a medical technology company that manufactures and sells joint replacement implants, received positive results from its iTotal CR study.  The iTotal CR is a fully customized implant for use in total knee replacement, and the study found that 92% of patients were satisfied with the product in the year after receiving a knee replacement.  conformis-inc-logo

In developing, manufacturing, and selling joint replacement implants, ConforMIS uses its iFit Image-to-Implant technology, which allows for a customized implant specifically designed to fit an individual’s anatomy.  The iTotal CR study included 300 patients in the United States, and is still ongoing.  The interim study results were presented at the 2016 SICOT International Orthopaedic “Specialized Knee Surgery” Conference in Germany, which ran from June 30th to July 2nd.

The positive feedback is consistent with a previous study that showed that patients noted significantly higher satisfaction with the ConforMIS iTotal CR in their knee replacements, than with off-the-shelf implants.  The positive results speak to the benefits of anatomically customized implants, and illustrate how ConforMIS’s products are making a positive and lasting impact in the joint replacement implant market.

To read more about the study and ConforMIS’s technology, read the full article.

New Employment Law Alert: Non-Compete Reform 06/28/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.
Tags: , ,
add a comment

2015-01-05_8-57-41MBBP’s Employment Law Group just released an Employment Law Alert. As legislative efforts for post-employment noncompetition agreement reforms have remained at a standstill for the past eight years, Speaker Robert A. DeLeo has signaled support for a bill entitled, “Massachusetts Noncompetition Act”. If H. 4323 is enacted, employers will have to quickly and carefully revise their employee restrictive agreements to comply with the new law.

Read the full post here.

June ELA Published: “Magic” Numbers 06/08/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, New Resources.
Tags: , , , , ,
add a comment

ELA Advisor Banner (M0836835xB1386)MBBP’s Employment Law Group just released its June Employment Law Advisor. It is crucial for businesses to be aware of the ever-increasing array of laws that govern the workplace in order to maintain legal compliance and avoid legal exposure. For growing businesses, it is specifically important to understand how the number of employees dictates when the state and federal jurisdictions apply.

To learn more, check out our Employment Law blog.

New Overtime Regulations Will Result In Many More Workers Becoming Entitled To Overtime 05/18/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment.
Tags: , , , ,
add a comment

2015-01-05_8-57-41We’re reviewing the Department of Labor’s new overtime regulations in our Massachusetts Employment Law Blog.  Click here to read about the DOL’s Final Rule, which President Obama announced the publication of today.

Defend Trade Secrets Act of 2016 Signed 05/11/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Intellectual Property.
Tags: , , ,
add a comment

By Sandra E. Kahn

SEK Headshot Photo 2015 (M0912965xB1386)Today President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), which creates a new federal civil cause of action for trade secret theft. While claims for trade secret theft may still be brought under the various state laws which protect intellectual property, this new law will provide uniform protection on the federal level. The DTSA also provides protection for whistleblowers, granting immunity to parties who disclose a trade secret to the government or an attorney to report wrongdoing, or as part of an anti-retaliation lawsuit. Of particular interest is the requirement that employers must now provide a notice of this immunity protection in any contract or agreement with an employee (or an independent contractor or consultant) that governs the use of a trade secret or other confidential information. To learn more about the DTSA, click here.

MBBP Partner Joseph Martinez Participating in MIT Enterprise Forum’s Spring Start Smart Class 05/11/2016

Posted by Morse, Barnes-Brown Pendleton in Attorney News, Client News, Corporate, Employment, Events, Financial Services, Intellectual Property, Licensing & Strategic Alliances, MBBP news.
Tags: , , , , , , ,
add a comment

Corporate partner Joseph Martinez will take part in MIT Enterprise Forum’s (MITEF) Spring Start Smart Class, which will run from May 23-June 20.  M0846610He will appear as a Guest Speaker during the third class, which will focus on legal issues for startups.  Specifically, Martinez will discuss the employment, financing, and intellectual property legal issues facing startups.

MITEF’s Spring Start Smart Class is an eight session program focused on providing expertise to entrepreneurs on how to launch a successful new business.  The program is structured as a hands-on workshop, and features guest speakers whose fields of expertise correlate with each class’s specific topic of discussion.

For more information and to register for the course, see the full details here.MITEF-Full-Color-e1438717228333

New Federal Law Protects Trade Secrets But Also Requires Changes to Employee and Contractor Agreements 05/05/2016

Posted by Morse, Barnes-Brown Pendleton in Client News, Employment, Intellectual Property, Licensing & Strategic Alliances, Privacy and Data Security, Public Companies.
Tags: , , , ,
add a comment

By, Sandra E. Kahn SEK Headshot Photo 2015 (M0912965xB1386)

It is expected that President Obama will soon sign into law the Defend Trade Secrets Act of 2016 (DTSA), which creates a new federal civil cause of action for trade secret theft.  While claims for trade secret theft may still be brought under the various state laws which protect intellectual property, this new law will provide uniform protection on the federal level.

The DTSA defines trade secrets consistently with the Uniform Trade Secrets Act (UTSA), and applies broadly to any trade secrets “related to a product or service used in or intended for use in, interstate or foreign commerce.”  Along with the ability to bring a lawsuit to fight trade secret theft and pursue equitable remedies and the award of damages for the misappropriation of a trade secret, the DTSA also includes a provision for expedited relief on an ex parte basis to prevent the dissemination of misappropriated trade secrets, which may be obtained under “extraordinary circumstances.”

The DTSA also provides protection for whistleblowers, granting immunity to  parties who, under certain circumstances, disclose a trade secret to the government or an attorney to report wrongdoing, or as part of an anti-retaliation lawsuit.  Of particular interest to our clients is the requirement that employers must now provide a notice of this immunity protection in any contract or agreement with an employee (or an independent contractor or consultant) that governs the use of a trade secret or other confidential information.    If this notice is not included in all contracts which are signed or revised after the effective date of the act, the employer will not be able to recover exemplary damages and attorneys’ fees under the DTSA (although the employer may still pursue any available damages under other causes of action).  Employers are advised to consult with their counsel to revise all agreements with employees and contractors in order not to run afoul of this requirement.

The DTSA, by itself, may not be used to prevent a departed employee from entering into a new employment relationship with a competitor, and provides that any conditions placed on such employment must be based on “evidence of threatened misappropriation and not merely on the information the person knows,” in effect rejecting the doctrine of inevitable disclosure.

Employees and St. Patrick’s Day – what could go wrong there?!? 03/17/2016

Posted by Morse, Barnes-Brown Pendleton in Employment.
Tags: , , ,
add a comment

shamrock-iconEmployers already know that sexual harassment in the workplace is illegal and can result in liability, but employers should also know that under some circumstances sexual harassment outside of the workplace can result in employer liability.

Check out today’s post on our Employment Law Blog to learn more!

Happy St. Patrick’s Day from our Employment Team!

MBBP Attorneys Speaking at Upcoming swissnex Boston Seminar 03/09/2016

Posted by Morse, Barnes-Brown Pendleton in Corporate, Employment, Events, Intellectual Property.
Tags: ,
add a comment

This Friday, March 11th MBBP Attorneys Scott Bleier, Stan Chalvire, and Maura Malone, will present to Swiss MBA students at swissnex Boston, the consulate of Switzerland. The panel will discuss legal standpoints on conducting business in the U.S., focusing on topics including corporate, employment, and intellectual property law.

For more information regarding this seminar, please feel free to contact a member of our team.

What’s in Your Employee Handbook? (It Matters!) 02/01/2016

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.
Tags: , , , ,
add a comment

Employment Attorney Sandra KahnEmployee handbooks are helpful as long as they are accurate, up-to-date and do not unintentionally create contractual rights. But handbooks that contain promissory language, legally non-compliant policies or outdated information may result in confusion and potential liability.

Employment attorney Sandy Kahn addresses some common mistakes employers should avoid in her New England In-House article, “Employee handbook can be source of potential liability.”

2016 Rings in Changes for Employers 12/30/2015

Posted by Morse, Barnes-Brown Pendleton in Employment.
Tags: , , , , ,
add a comment

With 2016 upon us there are a few important changes to keep in mind, as well as recommendations to get your employment law practices in order.

Below is a short list to be aware of.

  • Minimum Wage Goes Up
  • Earned Sick Leave Safe Harbor Ends
  • Sexual Harassment Law Compliance
  • Data Protection Compliance

For all the details read our Employment Law Alert.

If you have questions about any of the above suggestions, please contact Sandy Kahn or any member of MBBP’s Employment Law Group.

Employers Cannot Pay Employees With Stock or Equity In Lieu of Cash 09/30/2015

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments.
Tags: , ,
add a comment

wht-logo[2]A company with a temporary cash shortage might be tempted to compensate employees with an ownership interest in the company (stock or equity) instead of with cash.

But, is this practice legal? Generally, the answer to this question is no. Under state and federal law, employees must be paid at least the minimum wage in cash. Providing equity does not fulfill this requirement.

An exception to this rule is made, however, if the employee comes within the exemption for executive-business owners provided for in the federal Fair Labor Standards Act (“FLSA”).

To be exempt as an executive-business owner under the FLSA, an individual must (1) be employed in a bona fide executive capacity, (2) own at least a 20% bona fide interest in the business and (3) be actively engaged in the management of the business.

Unless an employee meets each of these requirements, paying in equity alone could result in significant liability for the employer, as well as possible individual liability for the president, treasurer, and individual “officers and agents” of the employer’s corporate entity.

For further help in determining whether your employee comes within the executive-business owner exemption or questions about paying employees with equity, contact a member of our Employment Law Group.

10 Points for Reviewing Executive Employment Agreements 09/22/2015

Posted by Morse, Barnes-Brown Pendleton in Employment, New Resources.
Tags: ,
add a comment

Employment Attorney Scott ConnollyAn executive’s employment agreement defines expectations regarding role, responsibilities and performance. It also establishes key contractual obligations for the executive and the employer concerning compensation and benefits, equity grants, the length or term of employment, early termination and its consequences, post-termination restrictions, and dispute resolution.

Here are 10 important considerations when reviewing an executive employment agreement.

For more information on this topic, please contact Scott J. Connolly.

Employment Law Alert: Sick Time Law Update 05/19/2015

Posted by Morse, Barnes-Brown Pendleton in Employment, Immigration, Legal Developments, New Resources.
Tags: , , ,
add a comment

Recently, Massachusetts Attorney General Maura Healey has announced a transition policy under which employers who offer sufficient sick leave or paid time off to workers now have a six-month transition period in which to bring their policies into compliance with the new Massachusetts paid sick leave law. In order to qualify for this safe harbor, an employer’s policy must be in effect as of May 1, 2015, and follow guidelines provided.

To learn more about the transition policy, please see our Employment Law blog.

Employment Law Update: Proposed Sick Leave Regulations 04/30/2015

Posted by Morse, Barnes-Brown Pendleton in Corporate, Employment, Legal Developments, New Resources, Public Companies.
Tags: , ,
add a comment

As we previously advised clients, on November 4 Massachusetts voters approved a ballot measure entitling employees to earned sick leave, which goes into effect on July 1, 2015. The Massachusetts Attorney General recently issued proposed regulations on the application and enforcement of the new law.

To learn more about the MA Sick Leave Law or the proposed regulations, please visit our Employment Law blog.

Employment Tip of the Month 04/14/2015

Posted by Morse, Barnes-Brown Pendleton in Employment, Legal Developments, New Resources.
Tags: , , , , ,
add a comment

Last month’s Tip of the Month reminded employers that communicating and maintaining an overtime policy can minimize liability for unauthorized overtime hours. This month, we focus on a second way employers can protect against wage and hour liability: the inclusion of a payroll deductions policy to take advantage of the “safe harbor” protection against liability for misclassification of employees based on the failure to pay employees on a salary basis.

To read our full Tip of the Month, please visit our Massachusetts Employment Law blog.

NLRB Says It’s Unlawful for Employers to Prohibit Defamatory or Inappropriate Comments by Employees 03/31/2015

Posted by Morse, Barnes-Brown Pendleton in Employment, New Resources, Public Companies.
Tags: , ,
add a comment

2015-01-05_8-57-41On March 18th, the National Labor Relations Board (NLRB) released some valuable guidance on language employers should and should not consider including in their employee handbooks. Given the broad reach of the recent handbook rulings, and the many policies to which these decisions may apply, all employers should review their handbooks and relevant policies for compliance with the NLRA.

Please see this month’s Employment Law Alert to learn more.

Feel free to contact any member of our Employment Law Group with any questions.

%d bloggers like this: