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Texas Court Issues National Injunction Barring Enforcement of the FTC’s Noncompete Ban

In a complete victory for plaintiffs, a Texas court permanently enjoined the Federal Trade Commission’s (FTC) rule banning nearly all employee noncompetes. In the absence of the court’s decision, the rule had been scheduled...more

Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more

Pennsylvania Court Denies Injunction Against FTC’s Noncompete Ban

In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more

Texas Court Temporarily Enjoins FTC Noncompete Ban Rule

As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC)...more

FTC Bans Employee Noncompete Clauses

The Federal Trade Commission (FTC) voted along party lines (3 to 2) to ban all worker noncompetition provisions. The final rule applies to all employees, including senior executives, and will become effective 120 days after...more

Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan. ...more

Navigating Noncompetes: A Comprehensive Guide – Part 2 — Hiring to Firing Podcast [Audio]

Building on the foundation laid in the first episode, the second installment of this series delves deeper into the intricacies of noncompetes, drawing from other examples from The Office, this time specifically focusing on...more

Wide-Ranging New York Noncompete Law Awaits Governor's Signature

Summary - On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more

FTC Extends Comment Period on Proposed Ban of Noncompete Agreements

The Federal Trade Commission (FTC) continues to pursue its campaign against noncompete clauses. On January 5, the FTC voted 3-1 to publish a notice of proposed rulemaking, which, if implemented, would bar employers from...more

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

Executive Summary - On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad...more

FTC Proposes Rule to Ban Noncompete Clauses With Very Limited Exceptions

On January 5, the Federal Trade Commission (FTC) voted 3-1 to publish its Notice of Proposed Rulemaking, proposing a new rule that, if implemented, would bar employers from entering into noncompete agreements with their...more

New Jersey Joins the 'Ban the Box' Movement

On August 11, 2014, New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act (Act) which prohibits private and public employers that employ 15 or more employees from inquiring about an applicant’s...more

New Jersey Court Approves Contract That Limits Employee’s Time to Bring Discrimination Claim

The Appellate Division of the Superior Court of New Jersey ruled on June 19, 2014 that an employee is bound by his agreement in an employment application to a six-month limitation period to file any suit against his employer....more

Game Changer: NLRB Approves Unionization Of Northwestern University Football Players

On Wednesday, March 26, 2014, the National Labor Relations Board (NLRB) issued a ruling that could potentially change the landscape of college football and other collegiate sports when the Regional Director of the Chicago...more

3/31/2014  /  College Athletes , NLRA , NLRB , Unions

A Reminder To New Jersey Employers Regarding Recent Gender Equity Notice Posting Requirements

In our November 2012 Pepper@Work, we advised New Jersey employers of upcoming notice-posting requirements on pay equality issued by the New Jersey Department of Labor and Workforce Development (NJDOL); the NJDOL recently...more

1/23/2014

New Jersey’s New Social Media Privacy Law: Balancing Employee Rights And Employer Protections

New Jersey has now joined the growing list of jurisdictions seeking to regulate the extent to which employers can monitor their workers’ social media presence. Currently, eleven other states – Arkansas, California, Colorado,...more

For Employers, Nassar Ruling Should Ease Validations Of Employment Actions And Early Disposal Of Frivolous Lawsuits

The Supreme Court of the United States recently adopted a strict causation standard that will make it more difficult for employees seeking to prove retaliation in violation of Title VII of the Civil Rights Act of 1964....more

The Supreme Court Adopts A Narrow Definition Of ‘Supervisor’ In Title VII Harassment Cases

The United States Supreme Court recently delivered a “win” for employers in Vance v. Ball State University, 570 U.S. __ (June 24, 2013) in which the Court narrowed the definition of supervisor for purposes of employer...more

New Jersey Enacts Posting and Notice Requirements on Pay Equality

Recently, the New Jersey legislature passed a bill, A2647, implementing new notice requirements on employers of 50 or more employees. This new law requires employers to conspicuously post a notice advising workers of their...more

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