It is a difficult balance for employers between respecting the rights to speech and other protected activity of their employees and avoiding a hostile workplace created by such speech. All too often employees may express views that are protected, but
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Paid Family and Medical Leave Coming to Massachusetts
In June 2018, Massachusetts took the step of passing legislation aimed at providing paid family and medical leave for employees. Becoming effective in 2021, the Massachusetts Paid Family and Medical Leave Program (“PFML”) will provide for up to 12 weeks…
Terminating Right to Stock Options Through Severance Agreement in Massachusetts
Parting with any employee comes with a host of dangers and pitfalls for an employer. These liabilities are increased when the exiting employee holds ownership in or options to own the employer’s company. Especially for smaller businesses, restricting its ownership…
New Massachusetts Case Expands “Mode of Operation” Premises Liability
Massachusetts’ Supreme Judicial Court has expanded premises liability to include a broader definition “mode of operation” which relieves plaintiffs from having to prove actual or constructive notice of conditions. In BOWERS vs. P. WILE’S, INC the court found that “where…
Massachusetts Senate to Consider Ratification of the Uniform Trade Secrets Act
Earlier this week, we posted an update on House Bill H4434, which had passed unanimously in the House and was being reviewed by the Senate Rules Committee. The bill, now S.2418, which would adopt the Uniform Trade Secrets Act…
Massachusetts Employment Law – Bill to Change Enforceability of Non-Compete Agreements Passes House
Changes may soon be coming to Massachusetts noncompetition laws. Bill H4434, which passed unanimously in the House and was referred to the Senate Rules Committee last week, would adopt the Uniform Trade Secrets Act and enact the Massachusetts Noncompetition…
Dangers of Wearable Tech in Massachusetts: Getting the Benefits while Reducing the Risk
In Massachusetts, wearable technologies, such as smartwatches, smart glasses, and location-tracking badges, are raising concerns from security experts as they become increasingly ubiquitous in business settings. While these devices may bring about gains in productivity, efficiency, and information-gathering, they also…
Layoffs and Age Discrimination: Developments in Massachusetts Law
A recent unpublished decision by the Massachusetts Appeals Court found that an employee could not establish a case for age discrimination under Massachusetts law when his entire job class was eliminated as part of a reduction in force. See…
MA Courts Say: Insurers NOT Liable for Failing to Settle, Even after Jury Verdict
A Massachusetts superior court has recently ruled that an insurance company choosing to appeal a jury’s decision to a higher court rather than extend a formal settlement offer after a verdict has been entered against them is NOT a commission…
The To: Field and the Unintended Data Breach
On November 7, 2014, the Australian Department of Immigration and Border Proteciton gave notice of a data breach that morning affecting the leaders of the G20. As described:
The personal information which has been breached is the name, date…