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As the Massachusetts legislative session comes to a close on
July 31, there has been a renewed push for a bill that would
"reform" current Massachusetts common law by
placing various procedural and substantive
restrictions on employee noncompetition agreements.
(Discussion of the proposed legislation and ongoing debate can
be found
here and
here and multiple earlier posts.) One
of the bill's sponsors, Rep. William Brownsberger, reports on his website
that proponents of the bill are "hoping at this
stage . . . to get the legislation added in to some
other package . . ." He and the other
sponsor, Rep. Lori Ehrlich, authored a Boston Globe op-ed piece arguing that
noncompetes are a "job-killer." Meanwhile, the
Associated Industries of Massachusetts (AIM) continues to oppose the legislation, describing
it (among several proposed bills) as "just the sort
of bureaucratic tangle that discourages employers from adding the
jobs that thousands of unemployed residents of the commonwealth so
desperately need." In essence, one side asserts that
noncompetes themselves are a "jobs-killer," and the other
side counters that noncompete legislation would kill jobs
in Massachusetts.
Stay tuned....
To view Foley Hoag's Massachusetts Noncompete Law
Blog please click
here
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A female employee traveling for her employer met a "friend" and at her motel room with him became "injured whilst engaging in sexual intercourse when a glass light fitting above the bed was pulled from its mount and fell on her."
The "just cause" standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with "just cause").
The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage through new health insurance marketplaces (also known as health insurance exchanges) that will operate in every state.
Beginning in 2014, the Affordable Care Act will require "large" employers to offer their full-time employees healthcare coverage that meets certain standards or pay a penalty.
The Affordable Care Act’s employer shared responsibility rules will require large employers to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
The Defense of Marriage Act (DOMA) defines marriage at the federal level as a legal union between one man and one woman and excuses states from any obligation to recognize same-sex marriages recognized in any other state.
Employers have until October 1, 2013, to provide notice to current employees of coverage options available through the Health Insurance Marketplace established under the Affordable Care Act.
Issues After The Election
