New Massachusetts Law Restricts Non-Compete Agreements

This is an article of mine published last week in the September 2018 issue of the IEEE Reflector, the online monthly newspaper, that circulates to the 10,000 members of IEEE in Massachusetts.  www.ieee.org  My article is featured on page 5 of the current September 2018 issue.

This new law signed by Governor Baker in August goes into effect October 1, 2018 and sets limits to enforceability of non-compete agreements that employers may enter into with exempt employees and contractors, provided those employees leave their positions voluntarily or are terminated for cause.  In those cases, to be enforceable, such non-compete agreements must meet the following standards:

  • Not exceed one year in duration after employment termination
  • Provide the employee some consideration which at a minimum is either “garden pay” or other mutually agreed upon consideration
  • Be reasonable in scope of prohibited activities and geographic coverage
  • Be included at the time of job offer or 10 days prior to employment whichever occurs earlier.

The new law will also not affect non-competes that are part of the sale of a business or non-competes that are part of separation agreements negotiated at the time of employment termination.   Additionally, the new law expressly excludes application to any restrictions on these other restrictive covenants whose enforcement will be continue to be governed by Massachusetts state common law:

To read my full Reflector article, go to this LINK:  https://issuu.com/ieeeboston/docs/septemberdr2018?e=18904825/64145987 and view it on page 5.

Or view the article on my website at https://www.executiveemploymentattorney.com/new-massachusetts-law-restricts-non-compete-agreements/

If you have any questions on this article, or questions in dealing with a non-compete agreement for yourself or a colleague, please email me at radelson@engelschultz.com.

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Structuring Bonuses in Your CEO Compensation for Maximum Benefit

Last Tuesday, on May 29, 2018, CEOWorld magazine published an article I wrote on  “Structuring Bonuses in Your CEO Compensation for Maximum Benefit.  The magazine advised me that I can use “Featured in the CEOWORLD magazine” and the CEOWORLD “Logo” on my website.

This article was designed for CEOs and other C-Suite, VPs or other senior executives who when negotiating a new job offer or employment contract need to give equal and perhaps greater focus on the structure and terms of bonus as they do to base salary compensation.
Continue reading “Structuring Bonuses in Your CEO Compensation for Maximum Benefit”

Becoming CEO of a Startup – Key Employment Contract, Equity Terms and Other Considerations

Last Tuesday, on April 24, 2018, CEOWorld magazine published an article I wrote on  “Becoming CEO of a Startup – Key Employment Contract, Equity Terms and Other Considerations.  The magazine advised me that I can use “Featured in the CEOWOLRD magazine” and our “Logo” on your website. Continue reading “Becoming CEO of a Startup – Key Employment Contract, Equity Terms and Other Considerations”

Consulting Between CEO Positions

Last Tuesday, on March 27, 2018, CEOWorld magazine published an article I wrote on  “Consulting Between CEO Positions”

This article was designed for CEOs and other C-Suite, VPs or other senior executives who have achieved a level of success and now find themselves between executive positions and might want to consider doing some consulting before accepting the next full-time job offer.
Continue reading “Consulting Between CEO Positions”

How to Renegotiate Your CEO Employment Contract When You Have Achieved Success

Last Thursday, on February 1, 2018, CEOWorld magazine published an article I wrote on  “How to Renegotiate Your CEO Employment Contract When You Have Achieved Success.

This article was designed for CEOs and other C-Suite, VPs or other senior executives who have achieved a level of success and seek a greater share of the benefits his or her leadership has brought to the company, as well as a refresh of the level of incentives as he or she takes the company to the next level. Continue reading “How to Renegotiate Your CEO Employment Contract When You Have Achieved Success”