Category: Massachusetts Employment BizLit

First Circuit Joins Sister Circuits Approving Burden-Shifting Approach to Proving Causation in ERISA Fiduciary-Breach Claims

Ordinarily, the burden of proof rests with the plaintiff. However, in Brotherston v. Putnam Investments, LLC, the First Circuit joined three of its sister circuit courts and held that the burden of proof in an ERISA fiduciary-breach case shifts to the defendant fiduciary to prove that its breach did not cause a loss to an employee benefit plan.

New Massachusetts Law Places Restrictions on Non-Compete Agreements

After many years, Massachusetts legislators have finally agreed upon non-compete reform. On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a new bill that affects the applicability, scope, and influence of non-compete agreements between Massachusetts employers and employees.