On December 27, 2017, we wrote about the Massachusetts Legislature’s efforts to regulate the use of non-compete agreements, including three bills that sought to require post-separation “garden leave” payments to former employees while they were restricted from engaging in competitive activities. Less than one month later, news reports suggested that negotiators in the Joint Committee on Labor and Workforce Development were nearing a compromise deal.

In an article posted on our website on March 2, 2018, Erik Winton (Boston), Clifford Atlas (NYC) and Colin Thakkar (Jacksonville) examine the areas of likely agreement and disagreement as the Legislature attempts to hammer out a final deal. The article also highlights certain areas in which additional clarification from the Legislature would be helpful to both employers and employees who are ultimately affected by the anticipated legislation.

We will continue to provide updates as the legislative process continues.