On June 20, 2023, the New York State Assembly passed bill A01278 (the “Bill”), which, if it goes into effect, will ban the use of new employee non-compete agreements in New York. The New York State Senate already passed the...more
6/27/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws ,
State Legislatures
On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo explaining her view that, except in limited circumstances, employee non-competition agreements violate the Act. While the memo only reflects General Counsel...more
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements. The 218-page notice of proposed rulemaking details the FTC’s position on the value (or lack thereof) of...more
1/6/2023
/ Biden Administration ,
Competition ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
U.S. Treasury
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled in Patel v. 7-Eleven that the test for independent contractor status set forth in the Massachusetts independent contractor statute applies to the...more
3/29/2022
/ ABC Test ,
Business Litigation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchisors ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws
President Biden promised during his campaign that if elected he would take federal action against non-competition agreements. On July 9, 2021, Biden issued a broad executive order aimed at making good on that promise. He...more