employment law

Is Your Non-Competition Agreement Enforceable?

Massachusetts Passes New Non-Compete Law Last Friday, Governor Baker signed an economic development package into law that includes, among other things, new restrictions on the use of non-compete agreements in Massachusetts.   The new law which will amend M.G.L. c. 149 §24L goes into effect on October 1, 2018 and applies to all non-compete agreements executed [...]

Why the Massachusetts’s Misclassification Statute is Important

Massachusetts has a very strict independent contractor statute which makes it very difficult for businesses to hire independent contractors. There are a number of reasons why the Massachusetts legislators enacted this law including the following: Misclassification hurts the individual employee by denying them protections provided to other individuals classified as employees including workers compensation, company [...]

Sexual Harassment in the Workplace?

WHAT EMPLOYERS SHOULD DO Make sure your harassment policy is up to date and has been recently communicated to employees. Conduct harassment training for management if you haven’t done so within the past year. We recommend that the training be live and interactive if possible, or computer-based and interactive if live training is not possible. [...]

Outside Salesperson – Are you entitled to overtime pay?

Many salespeople are paid by commission only and are not paid overtime or any other wages. This is only permitted if the salesperson qualifies under an FLSA exemption. There are several exemptions from the FLSA such as executive, administrative, outside sales person and highly compensated employee in which an employer does not have to comply [...]

Changes to the Overtime Regulations

The Department of Labor released the final rule updating the overtime regulations which revises the salary test for the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”). Summary of Final Rule Raises the salary threshold for the executive, professional and administrative exemptions from $455 per week to $913 a week ($47,476 for a [...]

MASSACHUSETTS LAWS CAN APPLY TO OUT OF STATE EMPLOYERS

Out of State Employers are required to adhere to Massachusetts employment laws if employees work and reside in Massachusetts. Out of state employers should therefore be aware of many of the laws specific to Massachusetts including a few noted below: Massachusetts Wage Act – failure to properly pay timely wages including overtime provides for automatic [...]

Is your non-compete enforceable?

Is your non-compete enforceable? Just because have a non-compete it does not mean it is enforceable. Under the current state of the law, Massachusetts permits the use of non-compete agreements. However, public policy favors the right of an employee to move from job to job unencumbered by restrictions. The Courts carefully scrutinize postemployment restraints to [...]

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