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So far oneildev has created 42 blog entries.

Non-Competition Agreement Reform Will Have to Wait Until Next Year…Again

2017-01-13T17:30:56+00:00 August 3rd, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws & Regulations, Noncompete Agreements|

“Wait ‘til next year,” the unofficial slogan of fans of the Brooklyn Dodgers, is becoming equally applicable to proponents of reform to Massachusetts law concerning non-competition agreements. Massachusetts legislators have filed bills every year since 2009. Each has failed to be enacted into law. This year looked like it would be the year. The House

Major Revisions to Federal Trade Secrets Law Now in Effect – Defend Trade Secrets Act of 2016 Signed by President Obama

2017-01-13T17:39:10+00:00 May 17th, 2016|Categories: Intellectual Property, Katherine Kelter, Kathleen O'Toole, Laws & Regulations, Litigation, Trade Secrets|

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). This law substantially revises federal trade secret practice in the United States. Most notably, the DTSA creates a mechanism for private civil trade secret claims to be pursued directly in federal court. The law is also significant for

Update to Expected Increases in Minimum Salary Levels for Exempt Employees

2017-01-13T17:39:26+00:00 April 16th, 2016|Categories: DOL, FLSA, Human Resources Compliance, Mary E. (Beth) O'Neal, Wage & Hour|

We last wrote about the expected increases in to the minimum exemption salaries in our blog post from July 14, 2015. Since that time, the increases have not been enacted, but are getting closer. Recap The DOL has proposed new regulations increasing the salary basis applicable to exempt employees under the FLSA, as well as

Recent SJC Decision Clarifies Plaintiff’s Evidentiary Burden On Summary Judgment In Employment Discrimination Cases

2017-01-13T17:39:45+00:00 March 29th, 2016|Categories: Discrimination & Harassment, Human Resources Compliance, Michael J. Rossi|

The Massachusetts Supreme Judicial Court (SJC) recently clarified the plaintiff’s evidentiary burden at the summary judgment stage of an employment discrimination case, in a decision which likely will make it easier for employees to get discrimination cases to a jury. In Bulwer v. Mt. Auburn Hospital, 46 N.E.3d 24 (Mass. 2016), the SJC held

A Chink in the Armor of the Massachusetts Independent Contractor Law

2017-01-13T17:23:59+00:00 March 17th, 2016|Categories: Alexis P. Theriault, Independent Contractor, Laws & Regulations, Wage & Hour|

Massachusetts has one of the most employee-friendly independent contractor laws in the country, creating a heavy presumption of employee status. For a refresher on the law and whether a worker should be classified as an employee or an independent contractor, you should refer to Johanna Matloff’s and Adam Santeusanio’s detailed discussion of the Massachusetts Independent

DOL’s Expansive View of Joint Employment – It’s Not Limited to Control

2017-01-13T17:24:05+00:00 March 15th, 2016|Categories: Alexis P. Theriault, DOL, FLSA, Laws & Regulations|

Employers should be aware of U.S. Department of Labor Administrator’s Interpretation No. 2016-1, recent guidance discussing joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The Interpretation highlights that joint employment has become more common in recent years, and describes in detail the Wage and

Employer May Not Withhold Severance After Learning Former Employee Copied and Retained Proprietary Data

2017-01-13T17:24:14+00:00 February 23rd, 2016|Categories: Christopher Sweeney, Human Resources Compliance, Labor Law & NLRB|

Employers are left scratching their heads in the wake of a Massachusetts Supreme Court ruling, EventMonitor, Inc. v. Leness, No. SJC-11920, 2015 WL 9957743 (Mass. Feb. 4, 2016), that a terminated employee was entitled to receive severance payments despite uncontroverted evidence that the employee copied and retained his employer’s proprietary business plans and customer lists

Who’s in Charge? Burgers, Donuts, & the Bona Fide Executive Exemption to the FLSA’s Overtime Pay Requirements

2017-01-13T17:12:22+00:00 February 3rd, 2016|Categories: Adam M. Santeusanio, FLSA, Johanna Matloff, Laws & Regulations, Wage & Hour|

The First Circuit recently held that a material factual dispute existed as to whether store managers employed by Dunkin’ Donuts qualified as “bona fide executives” under the Fair Labor Standards Act (“FLSA”), and as such, were exempt from the FLSA’s overtime requirements. Marzuq v. Cadete Enters., 807 F.3d 431 (1st Cir. 2015) (hereinafter Dunkin’

Consumers Cannot Waive Chapter 93A Liability for a Building Code Violation

2017-01-13T17:12:42+00:00 January 19th, 2016|Categories: James Peloquin, Litigation|

The Massachusetts Appeals Court has ruled that a consumer cannot waive a contractor’s liability for a building code violation that also violates the Massachusetts Consumer Protection Act, so-called Chapter 93A. In Downey v. Chutehall Construction Co., Ltd., 14-P-1062 (January 6, 2016), the defendant contractor had installed a rubber membrane roof in violation of the Massachusetts

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