Massachusetts Employer Not Allowed To Enforce Non-Compete Against Its California Employee
On September 7, 2018, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Oxford Global Resources, LLC v. Hernandez, holding that a Massachusetts employer could not enforce a confidentiality, non-competition, and non-solicitation agreement against a former California employee. Despite the explicit language in the agreement that it was governed by Massachusetts law and that disputes were to be [...]
Massachusetts’s New Non-Compete Law: An Overview
After years of fitful attempts, the Massachusetts Legislature finally passed a bill regulating non-compete agreements. Governor Baker signed the “Act relative to the judicial enforcement of noncompetition agreements” (MGL c. 149, §24L) on August 10, 2018, and it will take effect on October 1, 2018. The new law ushers in a new era in the enforcement of non-competes, and is [...]
Time Is On Your Side: Six-Year Statue Of Repose Applies To Alleged Violations Of The Home Improvement Contractors Act
In Bridgwood v. A.J. Wood Construction Inc., the Massachusetts Supreme Judicial Court recently ruled that consumers are limited to six years to sue contractors for defective construction work over unfair business practices under the home improvement contractor and consumer protection laws. Importantly, the SJC also held that the statute of repose applies to G.L.c.93A, the consumer protection law, and violations began as [...]
Massachusetts Public Bidding Laws: What Contractors Need to Know Before & After They Bid
Massachusetts statutory laws govern the process for bidding on a public construction project, commonly referred to as the “Bid Laws” or “public bidding laws”. These laws were enacted to make the public bidding process objective by requiring awarding public jobs to the lowest eligible bidder. The purpose is to have public projects completed at the lowest cost that fair competition [...]
New Equal Pay Law Offers Little Clarity, New Defenses
Massachusetts employers take notice: the Massachusetts Equal Pay Law becomes effective July 1, 2018, and past practices, like asking a prospective employee during an interview how much they were paid in their old job, will violate the law. Employers need to understand the new law so they can ensure they are in compliance, avoid traps, and take advantage of the [...]
Mechanic’s Lien Unenforceable Due to Statutory Noncompliance
Homeowners were entitled to summary discharge of a mechanic’s lien filed by a contractor that could not produce the original contract referenced in its filing but later produced a nearly identical contract for a different amount, a Superior Court judge has decided. Case Information: Atlas Contracting, Inc. v. Saleh, et al. The Issue: Were homeowners entitles to a summary discharge of a mechanic's lien filed by [...]
Massachusetts Dig Safe Law: How to Protect Your Company Against the DPU’s Claims
In theory, the Massachusetts Dig Safe law is comprised of straightforward regulations to promote safe excavation on construction projects in the Commonwealth. In practice, however, many construction projects pose challenges to navigating the Dig Safe law without consequence. The most often disputed and fact intensive violation is for excavation work that “was not performed with precaution” and resulted in damage [...]
Down the Garden Path: A Look at the “Garden Leave” Provisions of Proposed Non-Competition Legislation
In a state with an innovation economy like Massachusetts, the balance between protecting both a company’s pioneering intellectual property and the ability of employees to move freely in the marketplace is often in tension. It is no surprise, then, that in recent years, the Commonwealth’s legislature has trained its fire on non-competition agreements. Legislators have focused on issues such as [...]
A Contract Risk Review of The AIA 201 and ConsensusDocs
The following summarizes important contract sections and provides bullet pointed analysis of particular issues to consider from the AIA 201 (2007 and 2017 versions) and the ConsensusDocs (2014 and 2017 versions). It is not intended to be all inclusive, but provides a summary comparison of the various documents. Key Contract Issues Financial Assurances Design Risk Project Management/Contract Administration Schedule/Time Consequential [...]
Independent Contractors and the Perils of Misclassification
Businesses often amplify their workforce by hiring independent contractors to perform short-term, project-based, or skill-specific labor. They do this for any number of reasons (cost savings, short term lack of employees, etc.). Massachusetts employers must take care, however, when classifying workers as independent contractors as opposed to employees. If it is determined that an employer has misclassified an employee as [...]