For an updated look at the Equal Pay Act, click here.
Author: McLane Middleton
First Bill of the New Legislative Session
Click the image above to read Docket No. 189.
The first bill of the new legislative session which would outlaw non-competes while adopting a form of the Uniform Trade Secrets Act has been filed in the Massachusetts Senate as Docket No. 189, filed January 12, 2017.
Read full text here.
White House’s State by State Analysis of Non-Compete Agreement Public Policy
To read the White House’s State by State Analysis of Non-Compete Agreement Public Policy, please click here.
Gender Identity Guidance for Public Accommodations
Guidance from AG Maura Healey.
Click the image to the right to read the “Gender Identity Guidance for Public Accommodations” document filed by Attorney General Maura Healey on September 1, 2016.
The document is pursuant to Chapter 134 of the Acts of 2016, “An Act Relative to Transgender Anti-Discrimination.”
The law is effective October 1, 2016.
Equal Pay Act Summary
To learn about the Equal Pay Act that takes effect in July of 2018, click here.
Legislature Fails to Reach Compromise on Non-Compete Bill
Although burning the midnight oil last night, a Joint Conference Committee failed to reach agreement on a compromise bill by the established deadline of midnight, July 31.
Among other differences, the House and Senate versions of so-called non-compete reform contained very different “garden leave” provisions.
The House version required 50% pay for a one year “sit it out” period, while the Senate version required 100% pay for a maximum 3 month non-compete period. The House version also allowed the parties to come up with another form of acceptable consideration to support the non-compete period.
The Governor indicated that he favored the House version of the proposed reform.
At this point, the issue of non-compete reform is off the table until January 2017, the start of the next legislative session on Beacon Hill.
Gabriel Care LLC vs. Borden Care LLC
Commonwealth of Massachusetts Appeals Court – Gabriel Care vs. Borden Care
Gabriel Care, LLC vs. Borden Care, LLC, & another
For the first time a case involving competing visiting nurse associations has been reported out of the Massachusetts Appeals Court. Although by statute nurses are not subject to non-competes, there are still common law restrictions on what a present employee may do in preparation to compete.
“A duty of loyalty is imposed on an employee who occupies a position of trust and confidence.” Gabriel Care, LLC v. Borden Care, LLC, et. al., 2016 Mass.App.Ct, at page 10. With respect to a registered nurse who was planning to quit her current position with a foster care agency and start her own competing business, the Appeals Court held:
Express Your Non-Compete View to AIM
You, too, can have a voice on the non-compete issue courtesy of Associated Industries of Massachusetts! Click here to express your viewpoint to members of the Conference Committee currently considering the pending legislation.
Governor Puts Imprimatur on House Version of Non-Compete Bill
Click the image above to read the joint letter from various Massachusetts businesses supporting H.4434 and objecting to S.2418.
On Friday, July 22, 2016, the Governor’s office released the following statement concerning the various legislative reform bills recently promulgated by Beacon Hill lawmakers:
“The Governor favors the House version of the non-compete legislation because he believes it better balances workers’ abilities to seek new employment while ensuring cutting edge businesses can protect essential intellectual property. Finding the right compromise on this issue is essential to ensuring innovative businesses want to stay and grow in the Commonwealth.”
The State of Non-Compete Agreements in Our State
Click below to watch a portion of Andrew Botti’s “The State of Non-Compete Agreements in Our State: What’s Pending on Beacon Hill this Legislative Session?” presentation from January 2016.
