In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)....more
8/21/2024
/ Arbitrary and Capricious ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority
With prior articles published in April and May, Nelson Mullins has been tracking the FTC Noncompete Final Rule banning non-competition provisions (the “Rule”) for months. The Rule remains on track to take effect on September...more
The below summary of frequently asked questions for employers concerning the Federal Trade Commission’s new rule governing non-competes (the “Rule”) is for general information purposes only. The below is not intended to and...more
5/13/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
Join us for the next edition of FinTech University as we focus on FinTech and employment law. This webinar will examine ways that the FinTech industry intersects with employment law and what employers need to know when...more
The New Year rang in a collection of California employment law updates with major implications for Golden State employers. If they have not already, California employers should address the items listed...more
On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024.
New Section...more
On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the “Memorandum”) outlining her position that the “proffer, maintenance, and enforcement” of non-competition provisions in employment...more
On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more
4/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
On the surface, it looks like things are back to normal. Entering spooky season, however, California employers should not assume the coast is clear. One of the nation’s most substantial COVID-19 laws, California’s...more
10/6/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Grants ,
Infectious Diseases ,
Paid Leave ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Employees ,
Sick Leave ,
Sick Pay ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Regulators may be nervous about workers staking their retirements on crypto. The United States Department Labor’s Employee Benefits Security Administration (the “DOL”) recently issued Compliance Assistance Release No. 2022-01...more
3/31/2022
/ 401k ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fiduciary Duty ,
Financial Services Industry ,
FinTech ,
Investment Management ,
Investment Opportunities ,
Retirement Plan
On the eve of enforcement, California’s Department of Industrial Relations (“DIR”) released FAQs and the required poster for the state’s 2022 COVID-19 Supplemental Paid Sick Leave (“SPSL”)....more
2/21/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
New Guidance ,
New Legislation ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety