Massachusetts Court finds Memorized Client Lists Can Constitute Confidential Information 

From Lexology, Robert O. Sheridan and Shaniqua L. Singleton discuss a recent case in which a client list that an employee remembered constituted “confidential information” and was protected by the terms of an employment agreement. Robert and Shaniqua write: The defendant, a financial consultant at Fidelity Brokerage Services (“Fidelity”), signed an employment agreement in 2016 that prohibited […]

With Massachusetts’ Consumer Data Privacy Bill Still Under Consideration, Student Data Privacy Class Action Fails In Federal Court 

From JDSupra, Melanie Conroy, discusses a recent case in which a data privacy class was dismissed but it would not have been under a proposed laws. Melanie writes: As we have recently reported, the Massachusetts legislature is currently considering a comprehensive data privacy law that would create a private right of action for consumers who allege […]

Arbitration Agreement was not Unconscionable for Employees with Overtime Claims 

Massachusetts Lawyers Weekly reports on a case in which the arbitration agreement was upheld despite claims of unconscionability: Where plaintiffs have asserted claims for unpaid overtime wages pursuant to state and federal law, those claims are subject to arbitration under an agreement between the plaintiffs and the defendant employer. “… Plaintiffs worked as ‘inside sales’ […]

Retailers must pay OT to commission-only salespeople – Massachusetts Lawyers Weekly

From Massachusetts Lawyers Weekly, Eric Berkman discusses the Supreme Judicial Court’s decision that said commission based employees were entitled to overtime. Eric writes: Retail salespeople paid on a 100-percent commission basis were entitled to separate additional payments at one and a half times the minimum wage for overtime and Sunday hours, the Supreme Judicial Court […]

Massachusetts Retail and Inside Salespersons Are Now Entitled to Overtime and Sunday Premium Pay 

From Lexology, Cullan E. Jones and Christopher M. Pardo discuss a recent decision by the Supreme Judicial Court that said employees who are paid by commission are entitled to overtime pay. Cullan and Christopher write: Massachusetts’ highest court, The Supreme Judicial Court (“SJC”), recently issued its long awaited decision in Sullivan v. Sleepy’s LLC, SJC-12542, in which the […]

Massachusetts Paid Family Leave Law: What Employers Need to Know Now

From Mintz Levin, Emma Follansbee provides an excellent overview of the FAQs and draft regulations. Emma writes: Key Takeaways from the Department FAQs and Draft Regulations Both the FAQs and draft regulations provide helpful clarification on MAPFL’s key provisions (M.G.L. c. 175M). Note that the regulations are still subject to further change and clarification. Who […]

Hiring and wage & hour law in Massachusetts 

From Lexology, Laurence J. Donoghue provides a summary of Massachusetts’ wage and hour laws. Hiring Advertising What are the requirements relating to advertising open positions? All advertisements must be non-discriminatory on the basis of race, age, gender and other protected categories. Advertisements must specifically note whether applicants are sought to replace workers engaged in a […]

Massachusetts Legislature Passes Non-Compete Law

From JDSupra, Colin Thakker and Erik Winton discuss the Massachusetts non-compete law. Colin and Erik write: The Legislature has attempted for nearly a decade to negotiate a bill that could pass both the House and Senate. For more on the state’s contentious non-compete reform efforts, see Massachusetts Non-Compete Legislation – A Walk Through the ‘Garden’ […]