Three Things Employers in Massachusetts Get Wrong (And How to Fix Them)

Last month, we joined forces with 17 attorneys from Tarlow Breed Hart & Rodgers as we opened a Boston office, right in the Prudential Center.  As a result, we have been talking with our clients more about what laws in Massachusetts may be overlooked by employers.  Time and again, three issues keep coming up. Here’s what you need to know to make sure you’re in compliance.

1. Your Non-Compete Agreements Are Probably Unenforceable

Massachusetts passed one of the nation’s strictest non-compete laws in 2018. The law doesn’t ban non-competes entirely, but there are significant limits.

For example, employers cannot enforce non-competes against employees who:

• Earn less than $115,000 annually (2025 threshold, adjusted for inflation)
• Are classified as non-exempt under wage and hour laws
• Were terminated without cause
• Were laid off

Even for employees who meet the salary threshold, employers must provide the agreement at least 10 business days before employment starts (or 10 days before a promotion, if adding restrictions to existing employees). The employee needs time to review with counsel.

You must also pay garden leave. If you want to enforce a non-compete, you must pay the employee at least 50% of their highest base salary during the restriction period. No payment means no enforcement.  And the non-compete term can’t be longer than one year in most circumstances.

The fix: Stop using blanket non-compete agreements for all employees. Draft narrow agreements only for high-level employees earning well above the threshold. Build in garden leave payment terms from the start. For everyone else, focus on strong confidentiality agreements and non-solicitation provisions (which have fewer restrictions).

2. You’re Ignoring the Small Necessities Leave Act

Massachusetts has a fairly unique law that requires employers with 50+ employees to provide up to 24 hours of unpaid leave per year for employees to:

• Participate in school activities directly related to the child’s educational advancement
• Accompany a child or elderly relative to routine medical or dental appointments
• Accompany an elderly relative to appointments for professional services related to their care

This is separate from FMLA. The leave applies to minor children and elderly relatives (defined as individuals 60+ who are related by blood or marriage).

Several employers we talk with either don’t know about this law or confuse it with FMLA requirements. The notice requirements differ. The qualifying reasons differ. The documentation you’re allowed to request differs.

The fix: Update your leave policies to explicitly address Small Necessities Leave. Train your managers to recognize when employees are requesting this leave (they don’t need to use magic words). Track this leave separately from FMLA. Don’t require medical certifications for routine appointments. Allow employees to use accrued paid time off for these absences if they choose.

3. Your Earned Sick Time Policy Isn’t Broad Enough

Massachusetts requires all employers (regardless of size) to provide earned sick time. Employees accrue one hour for every 30 hours worked, up to 40 hours per year. Employers with 11+ employees must provide paid sick time. Smaller employers must provide unpaid sick time.

Where do employers make mistakes?  Despite the name, the law covers more than just being sick. Employees can use earned sick time to:

• Care for a sick child, spouse, parent, or parent of a spouse
• Attend routine medical appointments
• Address the psychological, physical or legal effects of domestic violence

Your policy needs to clearly state all qualifying uses. Your managers need to recognize when employees are requesting sick time for covered reasons. You cannot require employees to find replacement workers as a condition of using sick time.

The fix: Review your sick time policy against the statute. Make sure all qualifying uses are listed. Train managers that sick time isn’t limited to personal illness. Don’t require detailed medical information beyond what the law allows (generally just the reason for absence and anticipated duration). Allow employees to use sick time in the smallest increment your payroll system uses.

Why This Matters Now

Now that you know what to worry about, here’s the good news: Compliance isn’t complicated once you understand the requirements. Most fixes involve policy updates, manager training, and better tracking systems. The investment in getting this right now is far less than the cost of defending violations later.

If your Massachusetts operations haven’t reviewed policies in the past two years, you’re overdue. The non-compete law continues to evolve through case law. Sick time requirements keep expanding through Attorney General guidance. Small Necessities Leave remains a trap for employers who assume FMLA is the only leave law that matters.

Our expanded presence in Boston means we’re now helping even more employers across the Northeast get these details right. The rules are different in Massachusetts, and pretending your Connecticut or New York policies will work in Boston is a recipe for problems.

Want to discuss your Massachusetts compliance questions? Reach out. This is exactly the kind of multi-state challenge our combined firm now handles every day.