The FTC proposes rule banning non-compete agreements
1/12/23
By: Jennifer L. Markowski, R. Victoria Fuller, Christopher J. Redd On January 5, 2023, the Federal Trade Commission proposed a new rule that would prohibit employers from imposing non-compete agreements on their workers, with very limited exceptions. The FTC has stated that non-competes are an exploitative practice that suppresses wages, hampers innovation, and impedes entrepreneurship.…
Five States Set to Expand Data Privacy Rights in 2023
1/4/23
By: Amy C. Bender As the landscape of data privacy regulation is ever-changing, five U.S. state statutes (in California, Virginia, Colorado, Connecticut, and Utah), passed to enhance the privacy rights of consumers in their respective states, go into effect in the new year. Many of these laws share characteristics, such as granting robust rights to…
Massachusetts Appeals Court Confirms Escape Route from Premature Notice of Appeal
12/28/22
By: Rick Nahigian In Siddharth v. Chaturvedi, Slip Op. (November 21,2022), the Massachusetts Appeals Court held that a premature notice of appeal, i.e., one that is filed before the disposition of certain post-judgment motions, will bring the merits of an appeal before the appellate court as long as no action on the appeal is taken…
Consumer Practices of Real Estate Company Leads to AG Suits in Multiple States
12/21/22
By Courtney Mazzio MV Realty, a Florida based company, is in the hot seat for its business practices. In exchange for payment of hundreds of dollars, a client of MV Realty signs a contract agreeing to use the company as the listing agent if they decide to sell their home. The terms of the contract…
The National Labor Relations Board Expands Available Remedies for Labor Violations
12/19/22
By Robert Chadwick and Caroline Wu On December 13, 2022, the National Labor Relations Board (“NLRB”) in Thryv, Inc. significantly expanded the remedies available to employees who allegedly suffer economic losses due to an employer’s alleged unfair labor practice. Traditionally, these remedies have been backpay and benefits. With the new decision, the Board has adopted…
Maine’s Statutory Limits on Government Immunity from Negligence Claims
12/19/22
By Victoria James The Maine Tort Claims Act provides immunity in negligence actions for all government entities 14 Me. Rev. Stat. § 8103. There are four broad exceptions to immunity where the government can be held liable for property damage, bodily injury, or death 14 Me. Rev. Stat. § 8104-A. Three recent Maine cases deal…
Important Takeaways From The Massachusetts Commission Against Discrimination’s Fiscal Year 2022 Annual Report
12/16/22
By: R. Victoria Fuller and Sean Andrés Rapela Fiscal Year 2022 (“FY22”) marked the Massachusetts Commission Against Discrimination’s (“MCAD” or “Commission”) 75th year in existence. Like many government agencies, the MCAD faced a multitude of challenges as a result of the pandemic. The Commission’s FY22 Annual Report both highlights the setbacks and delays caused by…
An Employer’s Primer on the Speak Out Act
12/12/22
By: Tia J. Combs On December 7, 2022, President Biden signed the Speak Out Act (S. 4524; Public Law No. 117-224). As the law is effective immediately, employers must act quickly to understand how the new law may impact their businesses. What the Law Prohibits The law prohibits nondisclosure and nondisparagement agreements concerning sexual assault…
Will Georgia Counties be Governed by Popular Vote?
12/12/22
By: Katie Taylor and Amy Cowan In a case of first impression, the Georgia Supreme Court has been asked to decide whether voters can void contracts executed by elected county boards of commissioners via referendum. In Camden County, Georgia v. Robert C. Sweatt, Jr., et al., Case No. S22A0837, county voters urge the Court to…