Author Archives: Debra Mayfield

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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Independent Contractors are still an endangered species in Massachusetts.

It’s been several years since Massachusetts enacted the country’s most restrictive standards for classifying someone as an independent contractor, and yet frustration still arises any time I try to counsel clients on compliance. Many assumed that the law would quickly … Continue reading

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