New Employment Law Alert: Non-Compete Reform

MBBP'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 …

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Bob Shea to Moderate SBANE Panel Discussion on Non-Competes

On March 6th the Smaller Business Association of New England (SBANE) is presenting a program titled “Should Employee Non-Competes Be Banned? Business Forum on Proposed Limits to Non-Competes in Massachusetts”. Many businesses require employees to sign non-compete agreements as a condition of employment. Some critics, however, believe the use of non-competes has been abused and should …

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New Proposed Massachusetts Non-Compete Legislation Focuses on Duration of Restrictions

By: Bob Shea Over the past several years legislators in Massachusetts have filed various bills seeking to address perceived employer overreaching in the area of non-competition agreements. According to the legislators, many employers impose non-compete restrictions on employees in circumstances where such restrictions are not appropriate, or impose restrictions that go beyond what might be …

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MBBP Obtains Successful Non-Compete Ruling

Last week, MBBP Employment Attorneys Chris Perry and Maura Malone successfully opposed a motion for preliminary injunction to enforce restrictive covenants against three sales executive clients based on the material change doctrine. In Akibia, Inc. v. Jeffrey Hood, Ryan Gavigan and Charles Krueger (Mass. Super. Ct. 10/9/2012), Judge Jeffrey A. Locke ruled that the non-compete …

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New Hampshire Enacts Law Requiring Disclosure of Non-Compete Restrictions

By: Bob Shea Effective July 14, 2012, employers in New Hampshire must disclose any “non-compete” or “non-piracy” agreement to an employee or potential employee prior to making an offer of employments or an offer of change in job classification. Under RSA 275:70, if an employer fails to provide the employee or potential employee with a …

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Employment Law Alert: Severence Claims and Non-Competition Legislation

By Christopher Perry Severance Claims Covered By Wage Act According To Superior Court In a surprising ruling, a Superior Court Justice has ruled that a former employee’s claims to severance pay are covered by the Massachusetts Wage Payment Statute (the “Wage Act”). As a result, such claims could give rise to treble damages and an …

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