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Richard works with clients to preserve their human capital resources through risk mitigation strategies. When the need arises, he aggressively prosecutes and defends his clients' interests in litigation.

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.

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.

Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.