Accurate Job Descriptions Needed to Comply With Massachusetts Paid Leave Law
Updated and accurate job descriptions serve many important functions for an employer, including – but certainly not limited to – establishing essential functions of a job for purposes of the Americans with Disabilities Act and its state law counterparts; determining whether a reasonable accommodation is available for a d...
Massachusetts Paid Family and Medical Leave Benefits Start January 1, 2021
Starting January 1, 2021, most of the benefits established by the Massachusetts Paid Family and Medical Leave Law (“PFML”) become available to employees who work in the state. Specifically, as of that date, an eligible employee taking leave for any of the following reasons can receive pay during leave, which is offered b...
Will Employers Always be Required to Permit Teleworking?
The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees when such accommodations are needed to permit employees to perform the “essential functions” of their jobs. However, an employee who cannot perform the essential functions of a job, with or without an accom...
U.S. Department of Labor Issues Guidance on Tracking Hours of Employees Working Remotely
The COVID-19 pandemic has resulted in a tremendous rise in the number of employees working remotely. Also, many employees are spending parts of their “normal workday” on non-work matters, such as tending to childcare responsibilities and, as the school year starts, supporting remote schooling and/or modified school sched...
Mid-Year Trade Secret Case Roundup and Legislative Updates
There have been several significant trade secret cases this year. In their "Trade Secrets - Annual Year in Review (2020)," which was accepted by the American Intellectual Property Law Association for its Virtual Annual Meeting, Russell Beck and Hannah Joseph summarize some of the key case holdings and legislative develop...
Unauthorized Acts by Shareholder Leads to Judgment in Close Corporation Dispute
A recent Massachusetts Appeals Court decision about a close corporation dispute illustrates the challenges that can arise when there is a conflict among a small group of investors. Being part of a company with a small number of investors or a family-owned business can be a great experience. These companies – known as “c...
Information for Employers During the COVID-19 Pandemic
On March 18, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) (“FFCRA”), which includes a number of important provisions changing the rights and responsibilities of employers and employees in significant ways as related to the COVID-19 pandemic. The Act, which takes effect April 1 and expire...
A Conversation that Every Employer Should Have with Its eDiscovery Vendor
eDiscovery, which encompasses the collection, preservation, analysis, review, and production of electronically-stored information (ESI), is a necessary and often critical component of litigation. Indeed, eDiscovery is not only expected in most cases, but can also determine litigation strategy and outcomes. Given the she...
Concise Guide to Maintaining an Employee’s Personnel Record
The Massachusetts personnel records law, M.G.L. chapter 149, § 52C, is lengthy and quite dense, and it leaves most who read it confused as to what must and should be included in (or excluded from) an employee’s personnel record. It’s impossible to create a one-size-fits-all solution to cover every possible personnel-r...
Massachusetts Delays Contributions Toward Paid Family and Medical Leave
Late in the evening on June 11, 2019, Massachusetts Governor Charlie Baker, Senate President Karen Spilka, and House Speaker Robert DeLeo made the following joint announcement delaying by three months the start of payroll contributions to fund the state’s new Paid Family and Medical Leave benefits: To ensure businesses...
Department of Labor Proposes Increase to Salary Threshold for White Collar Exemptions
On March 7, 2019, the United States Department of Labor (DOL) issued a new proposed rule that would raise the minimum salary threshold for “white-collar” employees under the Fair Labor Standards Act (FLSA). Under the proposed rule, the minimum annual salary an employee must earn to qualify for either the executive, ad...
Quick Guide to Massachusetts Noncompete Law
On August 10, 2018, Governor Charlie Baker signed into law a bill governing noncompetition agreements. The new law, G.L. c. 149, S. 24L, is officially titled the “Massachusetts Noncompetition Agreement Act.” This guide discusses the new law and provides helpful practice tips for employers. FAQs Does the new la...
Massachusetts Raises Minimum Wage in “Grand Bargain”
On June 28, 2018, Massachusetts Governor Charlie Baker signed into law the “Grand Bargain” bill, that, over the next five years, will gradually raise the minimum wage to $15.00 per hour, require paid family and medical leave for Massachusetts employees, and phase-out Sunday and holiday time-and-a half pay for certain ret...
Reminder: Employers must use new Form I-9 by September 18 (2017)
On or before September 18, 2017, all employers must begin completing the recently updated Form I-9, Employment Eligibility Verification for each new employee hired in the United States, including citizens and noncitizens. Form I-9 is used for verifying an individual’s identity and authorization to work in the United Sta...
Supreme Court Specifies Limits on Personal Jurisdiction
n June 19, 2017, the United States Supreme Court in Bristol-Myers Squib Co. v. Superior Court of California, issued an 8-1 decision clarifying the bounds of specific jurisdiction over multi-state corporations. Following the trend established by the Supreme Court in its 2014 Daimler AG v. Bauman decision, the Court applie...
Massachusetts Court Warns Employers Not to Coast on Forum Selection Clause
he Business Litigation Session of the Massachusetts Superior Court recently dismissed a noncompete case against a California employee on the basis of forum non conveniens, notwithstanding a Massachusetts forum selection clause and a Massachusetts choice-of-law provision in the defendant’s employment agreement. The case i...
Matal v. Tam: SCOTUS Brings a New Slant to Disparaging Trademarks
On June 19, 2017, in an 8-0 ruling, the United States Supreme Court in Matal v. Tam struck down the Lanham Act’s disparagement clause, prohibiting the registration of disparaging trademarks, as unconstitutional under the First Amendment’s Free Speech Clause. 582 U.S. __, No. 15-1293, 2017 WL 2621315 (U.S. June 19, 2017)....
Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey
Beck Reed Riden LLP is pleased to share its 50 State and Federal Survey of Trade Secrets Laws compared with the Uniform Trade Secrets Act. The chart is a state-by-state comparison of every state’s trade secrets laws (and the Economic Espionage Act, as amended by the Defend Trade Secrets Act of 2016) to the 1985 versio...
50 State Noncompete Chart
Beck Reed Riden LLP is pleased to make available its updated 50 state (plus DC) survey chart of noncompete laws. The chart is a summary of employee noncompetition laws and applicable standards throughout the country. Both the White House and the United States Department of the Treasury have relied upon this nationwide s...
MA Noncompete Agreement Reform Clears First Major Hurdle
On June 29, 2016, the Massachusetts legislature moved one step closer to reforming noncompete agreements. With 150 votes for the legislation, and no votes against, the Massachusetts House of Representatives passed “An Act relative to the judicial enforcement of noncompetition agreements.” If this noncompete bill becomes...
50 State Noncompete Chart
Beck Reed Riden LLP is pleased to make available its updated 50 state (plus DC) survey chart of noncompete laws. The chart is a summary of employee noncompetition laws and applicable standards throughout the country. Recent articles in the New York Times and The Wall Street Journal feature Beck Reed Riden LLP's expertis...
SEC Focused on Conflicts Disclosures by Advisors and Broker-Dealers
two recent cases, the SEC ordered JP Morgan Chase to pay over $270 million for what it deemed inadequate disclosures about certain conflicts of interest. When closely examined, these two cases illustrate just how detailed and granular the Commission can be when evaluating and prosecuting conflicts non-disclosure issues....
Judging iPhone Encryption: It’s Law Versus Technology in the Courtroom
With the release of the iPhone 6, Apple built new security features into the iOS8 operating system, measures which law enforcement officials have complained will hinder criminal investigations. Once a user sets a passcode for a phone using the new operating system, all of the phone’s data – including texts, e-mail...
Location, Location, Location: The Importance of Venue Selection
When parties are negotiating the terms of a deal, it is easy to overlook the possibility that, somewhere down the road, significant disagreements could emerge. While it may be difficult to discuss future disputes at a time when both parties are getting along, it is best to agree on a method of resolving conflicts before...
Working Out Corporate Conflict
Starting a new business with an old friend is the path to the American Dream for many entrepreneurs. Two famous friends who did just that were Bill Hewlett and Dave Packard, they met in college and worked together to start Hewlett-Packard, one of the most successful technology companies in the world. Legions of startups...
Stuck in the Middle of a Close Corporation Dispute
you happened to pick up a comic book from the 1950s, you may have come across an advertisement for the Junior Sales Club of America. The Junior Sales Club of America (JSCA) was a family-owned greeting card company that promoted its products by incentivizing kids to sell boxed assortments of cards in exchange for money...
50 State Noncompete Survey
Beck Reed Riden LLP is pleased to make available its updated 50 state (plus DC) survey chart of noncompete laws. The chart is a summary of employee noncompetition laws and applicable standards throughout the country. Recent articles in The Wall Street Journal feature Beck Reed Riden LLP's expertise in noncompete and tra...
Navigating the Pitfalls of Close Corporations and Shareholder Disputes
Being part of a family-owned business or a company with a small number of investors can be a great experience – these types of companies embody the spirit of entrepreneurship and form the bedrock of our economy. These companies – known as “close corporations” – are typically run by a tight-knit group of family members o...
Recent Court Decisions Instruct Companies How To Protect Trade Secrets
Two recent cases in Massachusetts, one at the federal and one at the state level, address a key issue in the analysis of trade secret claims: the steps employers can and should undertake in order to protect information for which they seek trade secret protection. Taken together, these cases provide valuable instruction t...
Boston Globe Endorses Tax Incentives for Video Game Companies
In today’s Boston Globe, its editors endorse a plan to offer tax incentives to video game companies. Recognizing that this sector offers significant growth potential and jobs, the Globe editorial characterizes incentives as a long-term investment: Incentives for video game developers … could serve as an invaluable long-t...
New Bill to Modernize Noncompete Agreements Filed
Today Representative Lori Ehrlich (D-Marblehead) and Representative William Brownsberger (D-Belmont) filed a bill to codify, clarify, and modernize Massachusetts law relative to employee noncompetition agreements. In-depth analysis of the bill can be found here. Noncompete agreements are frequently used by employers to...
What Are Reasonable Attorneys’ Fees?
Today's story in the Boston Globe provides a glimpse into the kinds of disputes that that can arise when a law firm's client believes its legal fees are too high. The story covers an arbitrator's finding that one of Boston's premier law firms overcharged a client by more than $540,000. The arbitrator reportedly faulted t...
Video Games and the High Court: Summary of EMA’s Arguments in Supreme Court Case Schwarzenegger v. EMA
On November 2, 2010, the Supreme Court will hear arguments in the matter of Schwarzenegger v. EMA. This case is about a California law that bans the sale of certain violent video games to minors. This is an historic moment for video games – as this is the first time the Supreme Court has ruled on a statute directed to th...
Starting Up A Video Game Company
On Thursday, October 14, 2010, Stephen Riden joined a panel of speakers at PoweredUp Boston's 2010 Video Game Conference. The "Life As A Startup -- Legal Do's & Don'ts" panel addressed a variety of issues affecting new and established video game companies, including formation issues, noncompete agreements, and prote...
Comprehensive Survey of Tax Incentives for Video Game Developers
State governments across the country are competing to attract video game developers to stimulate local economies. As part of this effort, at least 20 states have enacted legislation to provide tax incentives to interactive media companies. Most of these incentive packages have been implemented in the past five years. ...
Massachusetts Legislature Amends Personnel Records Statute
Buried deep within the recently-enacted “Act Relative to Economic Development Reorganization” is language placing new burdens on Massachusetts employers. Under the amendment, which became effective August 1, 2010, any time a document is created that could negatively impact an employee’s employment, and the employer retai...
SJC Clarifies Leave Limit Under Massachusetts Maternity Leave Act
In an August 9, 2010 decision, the Massachusetts Supreme Judicial Court clarified that job-restoration rights under the Massachusetts Maternity Leave Act (“MMLA”) do not extend beyond eight weeks. In Global NAPS, Inc. v. Awiszus (No. SJC-10586), the Court, by a 4–3 margin, held that “[o]nce a female employee is absent fr...
Parental Leave Expanded Under FMLA
The July 2010 edition of New England In-House features Stephen Reed’s article on the FMLA’s expansion of parental leave rights to same-sex parents. By Stephen Reed On June 22, 2010, the U.S. Department of Labor clarified the definition of “son and daughter” under the Family and Medical Leave Act, effectively extendin...
Nursing Breaks Required Under FLSA
The Wage and Hour Division of the U.S. Department of Labor has issued a new Fact Sheet setting out requirements for employers to provide reasonable breaks during the work day to nursing mothers who need to express their breast milk. The break time requirement for nursing mothers went into effect on March 23, 2010, with...
Employers Cautioned On Unpaid Interns
Summer is upon us and high school and college students across the country are attempting to polish their resumes by taking unpaid internships with employers of all types. But “for-profit,” private-sector employers looking to provide students with a glimpse into the working world may find themselves at odds with the Fair...