Last month, in Hailey Boyd et al. v. The Boston Beer Co., Inc., D. Mass. 1:25-cv-13618, two former brewery representatives of the Boston Beer Company (Boston Beer) initiated a putative class action for alleged violations of the Massachusetts Noncompetition Agreement Act (MNAA or the Act). The plaintiffs contend that Boston Beer’s noncompete agreements violate the Act’s requirement that noncompetes be supported by “garden leave” payments or other “mutually agreed consideration.” The case may finally provide guidance as to what “or other mutually agreed consideration” suffices to enforce a noncompete agreement in Massachusetts.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the film Inception as a springboard to unpack the very real world of corporate espionage and trade secret theft. Joined by Troutman Pepper Locke partner and former Hiring to Firing co-host Evan Gibbs, co-chair of the firm’s Corporate Espionage Response Team, they examine how insider threats arise in the workplace, the surge in trade secret litigation, and the high‑stakes emergency injunctions that can follow. The conversation offers practical guidance on onboarding and offboarding employees, tightening data security, and training managers to spot red flags before confidential information walks out the door. Tune in to learn how to protect your organization from data theft and avoid becoming the unwitting beneficiary — or victim — of corporate espionage.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the surprising roots and real-world complexities of workers’ compensation law, drawing a playful throughline from pirate “articles” of old, to the movie chain, Pirates of the Caribbean, to today’s patchwork of state laws. Joined by Todd Wachtel, workers’ compensation specialist and partner at Levinson Axelrod, they explore key employer and employee obligations, insurance and reporting requirements, and how classification decisions (employee vs. independent contractor) can make or break coverage. The conversation highlights the interplay between workers’ compensation and OSHA, ADA, and FMLA, common pitfalls and retaliation risks, and practical steps to keep workplaces shipshape. Tune in for actionable takeaways to help employers navigate coverage, compliance, and claims with confidence.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the hit legal drama Suits as a springboard to unpack the key differences — and surprising overlaps — between U.S. and Canadian employment law. Joined by Chris Andree, an employment partner at Gowling WLG, they explore what cross-border employers need to know about Canadian law, from the absence of at-will employment and the requirement of lengthy notice periods, to the high bar for “just cause” for employee terminations. The team also tackles drug and cannabis testing in safety-sensitive roles and generous government-mandated leave entitlements. Tune in for practical takeaways on harmonizing policies, documenting decisions, and partnering with local counsel to help ensure your real-world issues don’t become TV-drama-level crises.

Introduction

California enacted several new employment laws in 2025, including enhanced penalties for wage and hour violations, expanded pay data reporting requirements, broadened sexual harassment protections, stronger pay equity and transparency measures, measures addressing tip theft, restriction of employee loan repayment, expanded time off and use of sick pay benefits…

On October 22, in Nunez v. Syncsort Inc., the Massachusetts Supreme Judicial Court ( SJC) held that retention bonuses are not “wages” under the Massachusetts Wage Act. 496 Mass. 706 (2025). The Nunez decision continues the trend of Massachusetts courts concluding that conditional or contingent compensation falls outside the scope of the Wage Act.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter draw on leadership lessons from the Tom Hanks classic, Saving Private Ryan, to show how military principles can elevate civilian workplaces. Joined by Retired.com VP of Human Resources, Rick Cuellar, Army veteran, they connect military best practices to corporate HR, sharing practical guidance on effective leadership, crisis management, and training. Tune in for actionable takeaways, including crisis readiness frameworks, compliance insights on military leave and caregiving, and strategies for meaningful veteran support.

Following the June 1, 2025, effective date of the New Jersey Pay and Benefit Transparency Act, the New Jersey Department of Labor and Workforce Development has issued proposed regulations explaining compliance with the Act. As we previously reported, the Act requires employers to disclose salary or wage ranges and benefits in job postings and to reasonably notify current employees of promotional opportunities.

Since the White House issued the executive order titled “Restriction on Entry of Certain Nonimmigrant Workers,” requiring payment of $100,000 for foreign nationals seeking entry into the U.S. in H-1B status, U.S. Citizenship & Immigration Services (USCIS) has published guidance on its website to address ongoing ambiguities.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore critical lessons in workplace safety through the lens of the legendary film Apollo 13. Joined by Greg Narsh, Troutman Pepper Locke counsel from the firm’s Environmental & Natural Resources group, they share insights into whistleblower protections and emerging safety trends. Discover how OSHA regulations can guide employers in maintaining a safe work environment and learn about the importance of training and preparedness in preventing workplace accidents. Tune in for an engaging discussion that combines cinematic drama with practical safety strategies for employers and employees alike – “Houston, we have a problem!”