Though the forms are Enforceable in Massachusetts, obtaining an Injunction is tough for Employers, who must clear several Hurdles

Most often, workers feel they have no choice but to sign a noncompetition agreement with their employers. They are frequently presented with the document, maybe as part of a broader contract, early in the working relationship, perhaps even the first day on the job. The boss says the non-compete is routine and must be signed, so the employee does so, often without thoroughly reading or fully understanding it. What, after all, is a new hire to do? Among the last things any employee wants is to test the limits of the boss’s patience on day one. That, after all, can lead quickly to the unemployment line, a place far too many Massachusetts workers are tired of waiting in.

[Read more...]

Massachusetts effectively banned independent contractors several years ago.  Today, both lawsuits and damages resulting from them are on the rise.

It’s been more than six years since Massachusetts pretty well outlawed the use of independent contractors in the workplace. Today, the statutory enforcement arm is in full swing. Lawsuits are coming from both public and private sources, and recent data makes clear that employers had better get their practices nailed down before they get hammered. [Read more...]

The Essential Management Tool is Useful to almost all Employers but is Commonly Absent from Workplaces or Drafted in Ways that Hinder rather than Help Managers

A company’s employee handbook is among the most basic management tools. It provides employers and employees alike with predictable, easily accessed rules that reduce conflicts and can lower lawsuit risks.
[Read more...]

Strictly by the (Hand)book

A Late 2007 Decision by the Massachusetts Court of Appeals Tells Employers to Draft Policies Carefully and Expect Strict Enforcement

Stick to what you write.
[Read more...]

Massachusetts anti-discrimination laws govern pre-employment activity as well as conduct that occurs after an employee begins work. The Massachusetts Commission Against Discrimination (“MCAD”) has published rules to help guide employers as to the questions they can ask prospective employees and those they cannot. The MCAD’s guidelines on pre-employment inquiry follow.
[Read more...]

Drafting and Enforcing Massachusetts Non-Competition Agreements

Careful Drafting of Non-Competition and Confidentiality Agreements is Important to Enforcement and Requires Attention to Details and Knowledge of the Law

Though Massachusetts courts enforce non-competition agreements, doing so can be difficult. Obtaining a court order that bars a former worker from taking to a competitor both his services and his former employer’s business secrets is rarely a sure thing. To be enforceable, non-competition agreements must be carefully drafted, properly executed, and tailored to protect only legitimate business interests.
[Read more...]

Despite Contrary Language in the Massachusetts Maternity Leave Act, the Massachusetts Commission Against Discrimination Announced in June 2008 that Men are Entitled to the same 8 Weeks of Leave that Only Women Formerly Received to care for Children

In a radical shift of law, the MCAD announced in June that men are now entitled to take 8 weeks off to care for a newborn or adopted child. Employers who don’t provide the benefit face the prospect of a time-consuming and costly lawsuit.
[Read more...]

As Employment Discrimination Claims Become more Common and Damage Awards against Employers Climb, Shrewd Companies are Minimizing Risk through Policy Reviews, Discrimination Training, and Carefully Planned Personnel Decisions

The cases arise regularly. $5 million to a chef harassed by his supervisor. $2.1 million to a long-term worker fired after suffering a heart attack. $437,500 to a harassment victim who engaged in the same sexual banter she later complained about. In Massachusetts, more than 3,000 new discrimination cases are filed at the Commission Against Discrimination each year, and the vast majority relate to employment. Countless millions are paid each year by employers to defend lawsuits and pay judgments or settlements based on alleged discrimination in the workplace.
[Read more...]

DISCRIMINATION BY RETALIATION

Retaliating for Discrimination Complaints is as Improper as Workplace Bias itself, with Broad Applications that Provide Workers Rights to File Suit

Most employers should know by now that retaliating against employees who complain about discrimination is as illegal as the act of discrimination itself. This is true regardless whether the underlying claim itself has merit, so long as the worker involved has a good faith basis for bringing the charge.
[Read more...]

This article discusses:

• Massachusetts Sexual Harassment Training
• Massachusetts Anti-Discrimination Training

[Read more...]