The Tumultuous Year In Noncompete Agreements And What To Expect In The Year To Come

As we close the book on 2021, we take a few moments to reflect on the past year’s developments of the law on noncompete agreements (“NCAs”), offer a few predictions as to what we think 2022 may have in store, and leave you with a valuable piece of advice.

The year saw President Biden sign an Executive Order (“EO”) entitled “Promoting Competition in the American Economy.” This EO does not in itself change the law, […]

By | January 6th, 2022 ||

Massachusetts Employer Alert: Termination For Submitting Personnel File Rebuttal Violates Public Policy

In December, the Massachusetts Supreme Judicial Court held in Meehan v. Medical Information Technology, Inc. that the termination of an employee for submitting a rebuttal for inclusion in the employee’s personnel file violated public policy and amounted to wrongful discharge.

Pursuant to M.G.L. ch. 149, § 52C, Massachusetts employees have a statutory right to submit a rebuttal to any record contained within the personnel file with which he or she disagrees. The statute provides for […]

By | January 4th, 2022 ||

California Imposes New Restrictions On Employee Settlement And Nondisparagement Agreements Effective Jan. 1, 2022

In October, California Gov. Gavin Newsom signed into law SB 331, the “Silenced No More Act” which, in part, broadly prohibits – and voids – certain nondisclosure clauses in employee settlement agreements. SB 331 becomes effective on Jan. 1, 2022, and amends and expands SB 820, also known as the California Stand Together Against Non-Disclosures (STAND) Act.

Specifically, SB 331 imposes additional limitations and requirements on employers with respect to (1) the use of nondisclosure clauses […]

By | December 17th, 2021 ||