Many Massachusetts residents have recently considered taking, or have undertaken, steps to relocate from Massachusetts to jurisdictions with lower or no state income taxes, especially in light of the recently enacted 2023...more
Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more
7/16/2025
/ Acquisitions ,
Buyers ,
Contract Terms ,
Due Diligence ,
Employment Contract ,
Intellectual Property Protection ,
Jurisdiction ,
Mergers ,
Non-Compete Agreements ,
Private Equity ,
Restrictive Covenants ,
Sellers
Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more
In a closely watched decision, the Massachusetts Supreme Judicial Court in Miele v. Foundation Medicine, Inc. clarified that the Massachusetts Noncompetition Agreement Act (MNAA) (G.L. c. 149, § 24L) does not apply to...more
6/27/2025
/ Breach of Contract ,
Contract Disputes ,
Contract Terms ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
MA Supreme Judicial Court ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more
5/15/2025
/ Confidentiality Agreements ,
Contract Terms ,
Due Diligence ,
Enforcement ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Private Equity ,
Purchase Agreement ,
Restrictive Covenants ,
Severance Agreements
In a flurry activity, President Trump dismissed the General Counsel for the Equal Employment Opportunity Commission (EEOC), the General Counsel for the National Labor Relations Board (NLRB), and the initial acting General...more
2/10/2025
/ Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Labor Reform ,
NLRB ,
Popular ,
Quorum ,
Title VII ,
Trump Administration ,
Unions
The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” burden of proof applies in determining whether an employee is exempt under the federal Fair Labor...more
The United States Equal Employment Opportunity (“EEOC”) has issued its final guidance on “Enforcement Guidance on Harassment in the Workplace,” the first of its kind in over 20 years. This final guidance builds on a variety...more
5/30/2024
/ Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Federal Trade Commission (FTC) ,
Final Guidance ,
Gender Identity ,
Minimum Salary ,
Non-Compete Agreements ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Protected Class ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Race Discrimination ,
Religious Accommodation ,
Remote Working ,
Retaliation ,
Sex Discrimination ,
Workplace Harassment Guidance
Employers with Massachusetts-based employees know that the Massachusetts Wage Act (the “Wage Act”), with its strict liability and automatic treble damages and attorneys’ fees, is a powerful and exacting statute with which...more
In a recent decision, the Massachusetts Supreme Judicial Court (SJC) confirmed that the framework used in federal Fair Labor Standards Act (FLSA) cases, not the ABC classification test set forth in Massachusetts’ independent...more