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CUTLER & WILENSKY LLP
info@cutlerlegal.com

Boston Office:
10 Milk Street, Suite 720 Boston, MA 02108
Phone: (617) 338-8243
Fax: (617) 695-2778

Needham Office
:
175 Highland Avenue,
Suite 303
Needham, MA 02494
Phone: 781-429-3105
Fax: 781-429-3113

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4/16/14 – Trends With Non-Compete Agreements
By Timothy K. Cutler, Esq.

The courts in Massachusetts are becoming more restrictive in the enforcement of non-compete agreements. With regards to employees involved in sales, the courts tend to direct the sales person not to pursue past clients of the employer, but will permit the employee to work for a competitor. The Federal District Court recently ruled that it would not enforce a non-compete because the past employer could not show that the new employer was a direct competitor, despite the fact that the products sold were similar. Thus, the Court looked close at what services and goods were provided by each company and whether those products and services were directly competitive in determining whether or not to grant a preliminary injunction.

 

4/16/14 – Chapter 93A Claims in Employment Context
By Timothy K. Cutler, Esq.

A party may not maintain an unfair business practice claim (Chapter 93A) arising out of an employment relationship. The Federal District Court, as well, has recently found that a Chapter 93A claim cannot be brought with regards to pre-employment representations.

 

4/4/12 – Enforcement of Non-Compete Agreements Continue to Become...
The Massachusetts trial court recently denied an employer’s application for injunctive relief to enforce a non-compete agreement on the grounds that non-compete agreement may not be enforceable because of a material change in conditions of employment.  The employee had a non-compete with Company A. After entering the non-compete agreement, Company A was purchased by Company B.  After purchasing Company B sought to significantly restructure the employee’s compensation. The employee terminated his employment and took a position with Company B’s competitor. 
 
1/18/2012 �  The IRS is Seeking to Encourage Misclassified Employees to Squeal on Their Employers

The IRS is seeking to encourage misclassified employees to squeal on their employers.  The IRS accomplishing this through the use of IRS Form 8919, which is to be completed by those who are paid as a 1099 employee/worker but believe that they should have been paid as W-2. 

 
1/13/2012 Limited Liability Companies May Not Be Covered Under the Wage Act

A Massachusetts Superior Court (trial court) recently found that due to the wording of the Wage Act, corporations are covered by the Act but limited liability companies, along with their officers, directors and managers, are not covered.  According to the court, because the legislature used the word “corporation” and not entity, only corporations are covered because corporations are specifically defined by statute.

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1/09/2012 Aiding and Abetting the Misclassification of Employee as an Independent Contractor
WARNING! A third-party, such as an accountant, advisor or HR Services Company, can be held potentially liable for the damages and liabilities arising and flowing from an employer�s misclassification of an employee as independent contractor. A third-party who advises or even provides the independent contractor paperwork can be held liable for the misclassification, even when the claimant was not their employee.
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11/08/2006 Shareholders Have a Right to Review Corporate Records - Including Financials
It is not unusual for majority shareholders to be reluctant to permit the inspection of corporate records, particularly financial records, by minority shareholders. In 2004, the Massachusetts legislature enacted a new set of laws making it easier for shareholders to review and copy corporate records, including financials. Upon five business days, of written notice, a corporation must make the requested records available to a shareholder, unless the corporation determines in good faith that the disclosure of the records sought would adversely affect the corporation in its conduct of its business or, in the case of a public corporation, constitute material non-public information.
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11/17/2003 Trademarks: A Primer
Businesses thrive by successfully marketing their services or products and creating brand name recognition. Registering logos and names as trademarks is an integral part of these strategies.
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03/26/2003 The Increasing Importance of Independent Contractors in the Workforce
To compete in an ever-changing economy, companies are seeking flexible workforce structures that allow for rapid adjustments without the negative effects associated with downsizing, upsizing and other workforce shifts. Many companies are turning to independent contractors to obtain this flexibility.
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03/26/2003 Protecting Your Company's Trade Secrets
Today's business environment has become increasingly competitive, and keeping confidential and proprietary information out of a competitor's hands can be a matter of economic survival. Trade secrets are not just found in hi-tech and information companies; all companies, whether large or small, have trade secrets to protect.
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