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BT Currents - Hot Topics in Employment Law

14 Aug Does Your Non-Compete Agreement Survive Under Massachusetts’ New Non-Compete Law?

The Bay State’s long-anticipated non-compete law has finally hit the books. After years of debate, speculation, and worry, the final result does not appear to be as bad for employers as we feared.   The Basics   First, let’s review what the new Massachusetts law does not do.   The law – which impacts agreements entered into on or after October 1, 2018 – only applies to non-competes, or similar provisions under which an employee promises not to compete with the employer after the employment…

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29 Dec Asking: “How much do you currently make?” in 2018?

  Not in California.  California law (A.B. 168) is the latest in a batch of state and local laws prohibiting employers from asking job candidates how much they currently or have made.  It takes effect January 1.  Candidates can voluntarily disclose their salary history and in that case the employer can use that information in setting initial compensation.  Employers are also required to provide job candidates with a pay scale for the positon upon request.   New York City’s pay history inquiry ban went into…

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01 Jul An Annual Ritual: Massachusetts Noncompete Legislation

We wrote last year about significant legislative efforts to ban noncompetes in Massachusetts. Proponents of such a ban, including Governor Patrick, contend that Massachusetts suffers a brain drain in the high-technology field because talent flees to California, where as many readers will know, noncompetes are virtually banned. In other words, a tech whiz would rather work in California where she may move freely from company to company rather than being limited by a noncompete. Certain high-tech interests in Massachusetts support a ban, whereas most traditional…

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16 Sep Governor Would Like Massachusetts to Join California As a Non-Noncompete State

Not long ago, Mark Scudder wrote here about the enforcement of a five-year noncompete by an Indiana state court. At the other end of the spectrum of this highly state-specific issue, Massachusetts Governor Deval Patrick made news this week by announcing that he is in favor of making noncompetes unenforceable in Massachusetts.  There is a significant school of thought in Massachusetts that it is disadvantaged in recruiting high-tech talent by the fact that chief rival California, in effect, prohibits employers from using noncompetes.  That talent,…

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