Author Archives: Debra Mayfield

Massachusetts Pay Equity Act

On August 1, 2016, Massachusetts enacted the Pay Equity Act (M.G.L. c. 149, §105A), which is intended to make it unlawful to pay men and women different amounts for “comparable work.” While one might have thought that the Massachusetts Equal … Continue reading

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Job Changes and Restrictive Covenants

A Company hires an employee and has a well-drafted, enforceable written agreement containing confidentiality provisions, non-solicitation clauses, and non-compete obligations (so-called “Restrictive Covenants”). The employee stays with the Company for years, receives various promotions and then decides to leave and … Continue reading

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Massachusetts Sick Time Law

The new Massachusetts sick time law goes into effect on July 1, 2015 and requires ALL employers of any size to provide up to 40 hours/year of sick time to ALL Massachusetts employees of any status. Fairly simple and straightforward. … Continue reading

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Failure to Follow Corporate Formalities Can Result in Personal Liability (we already knew that but it helps to be reminded)

Almost every businessperson understands that forming a corporation can shield you from individual liability. However, that shield can develop enormous holes if proper corporate formalities are not observed. Recently, in Massachusetts, the sole owner of a corporation was held personally … Continue reading

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Copyright and Trademark Symbols As Marketing Tools

Business owners are often unaware that they have an effective tool for telling the world they own their trademarks and copyrights – simply use either the trademark symbol ™ or the copyright symbol ©.  This blog won’t attempt to explain … Continue reading

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Non-Solicitation Clauses Will Be Read Broadly and With Common Sense

Recently, the First Circuit federal appeals court ruled that Massachusetts law would not draw a hard and fast line between active solicitation and merely accepting business.  The specifics of the case are familiar: employee/sales representative signs a non-solicitation agreement prohibiting … Continue reading

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Employee Handbooks Are Either Binding or They’re Not

The Massachusetts Federal Court recently reaffirmed what should be obvious by now.  If an employer issues a Handbook or similar set of policies and procedures and includes language reserving the right to unilaterally change those policies and procedures, then the … Continue reading

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NLRB Clarifies Restrictions on “At-Will” Acknowledgements

As discussed in a previous blog, the NLRB created quite a stir by ruling that “at-will” statements might violate federal labor laws that protect employees’ rights to engage in concerted activity aimed to change their employment status.  Several months later, … Continue reading

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Can Allegations of Breach of a License Agreement Actually Breach the License Agreement?

Most, if not all, good license agreements (and, actually, most legal agreements) include a provision to the effect that the agreement can be terminated if the other party breaches any term of the agreement.  While such a provision is not … Continue reading

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NLRB Impacts Common Employer Practices

In recent months, the NLRB* has decided to crack down on some fairly typical and widespread employer policies which, on their face, have hardly seemed suspect and some of which most lawyers, including this one, have advised their clients to … Continue reading

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