Massachusetts Preexisting Noncompliance

State:
Multi-State
Control #:
US-OL13042
Format:
Word; 
PDF
Instant download

Description

This office lease form relates to any capital improvement that is made during any comparison year in compliance with any requirements regulation enacted after the date hereof, any modifications, amendments replacements or reinterpretations of any federal, state or local law or governmental regulation enacted prior to the date hereof, or lease years during the term, which shall not be included as expenses.

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FAQ

"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."

Unlike the FTC rule, the Massachusetts law did not apply retroactively. The Massachusetts law states that non-compete agreements signed after the effective date of the legislation must have a "garden leave" provision or other mutually-agreed consideration for the non-compete.

How can you avoid signing a non-compete agreement altogether? Explain your concerns, such as the fear of being unemployable in your field in the event of unforeseen layoffs, to the hiring manager. Ask for an explanation of the company's interests in having you sign a non-compete agreement.

Massachusetts law requires that non?compete agreements be limited in time, scope, geography, and supported by consideration. A non-compete must not be broader than necessary to protect one or more of the following legitimate business interests of the employer: The employer's trade secrets.

"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."

A Massachusetts Standard Clause limiting an employee's solicitation of employees and customers during the term of the employee's employment and for a specified period of time after the employment relationship ends.

After years of debate, the Massachusetts Legislature recently passed a comprehensive noncompete reform law, and Governor Baker signed the bill on August 10, 2018. The new law overhauls existing law and imposes new prohibitions and requirements for noncompetes signed by Massachusetts workers as of October 1, 2018.

Under Massachusetts law, a noncompete or nonsolicitation agreement may be unenforceable under certain circumstances if there are material changes in the employment relationship since the employee entered into the agreement at issue.

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Massachusetts Preexisting Noncompliance