Lexology (09/16/14) Benjamin E. Ford; Douglas P. Currier; Erik Peters; et al.
There are many labor laws employers should be aware of when doing business in Massachusetts. This article offers answers to several common employer questions. For example, what state-specific laws govern the employment relationship; who do these cover, including categories of workers; are there state-specific rules regarding employee or contractor misclassification; must an employment contract be in writing; and what can employers do with regard to background checks and inquiries? State courts will diverge from federal precedent in certain situations. The Massachusetts Commission Against Discrimination is very active in investigating complaints, holding hearings, and issuing penalties. The governor recently introduced a bill to ban noncompete agreements, though there would be some exemptions.