Yesterday, a Texas Federal Court permanently blocked the Federal Trade Commission's attempt to ban noncompete agreements. In doing so, the Texas Court determined that the Rule exceeded the FTC’s authority and, as such, was an...more
The hot mess known as the FTC Rule to Ban Non-Competes (“Rule”) continues to get hotter and messier as two Federal District Courts issue conflicting opinions. This conflict between the Federal Courts will not be resolved...more
8/6/2024
/ Best Practices ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Legislation ,
Popular ,
Preliminary Injunctions ,
Restrictive Covenants ,
Unfair Competition
Last Wednesday, a federal court in Texas made a preliminary ruling that partially blocks the FTC’s rule that rendered most noncompetes in this country unenforceable (the “FTC Ban”). The FTC’s Ban was set to go into effect on...more
Q: When will we know the Court’s Ruling on the FTC Non-Compete Ban? A: July 3rd.
...more
As we reported last week, the FTC voted to enact its Rule banning non-competes and the lawsuits quickly followed. Although three lawsuits have been filed so far, the lawsuit to watch is the United States Chamber of Commerce...more
The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Executives ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule to implement the Pregnant Workers Fairness Act (PWFA)....more
The validity of the Pregnant Workers Fairness Act (“PWFA”) is being questioned less than one year after it went into effect. On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas...more
3/4/2024
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Constitutional Challenges ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Private Right of Action ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Quorum ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
As previously highlighted by Benesch, California strengthened its long-standing prohibition on non-competition agreements on January 1, 2024.
In addition, and also as previously highlighted by Benesch, one of these...more
When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure...more
In mid-November, the City of Chicago passed the broadest, most expansive leave law in the country. As previously highlighted by Benesch, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) allows...more
Illinois and Chicago employers should prepare for new leave laws going into effect imminently. As previously highlighted, Governor J.B. Pritzker signed the Paid Leave for All Workers Act back in March 2023, giving employers...more
On August 7, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations to implement the Pregnant Workers Fairness Act (PWFA)....more
8/11/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more
In the coming months, employers in Illinois and Chicago will be subject to specific requirements, all of which are the results of new laws passed at either the state- or city-level....more
5/8/2023
/ Compliance ,
Deadlines ,
EEO-1 ,
Employee Training ,
Equal Pay ,
Filing Deadlines ,
Local Ordinance ,
Paid Leave ,
Sexual Harassment ,
State Labor Laws ,
Statutory Deadlines
Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA), both of which create new legal rights and remedies...more
2/21/2023
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Title VII
Illinois employers should be prepared to take on several new requirements in 2023 and take steps to ensure that their policies and practices are up to date with current Illinois laws. As previously highlighted by Benesch,...more
The Federal Trade Commission’s (“FTC”) threats of “cracking down” on non-competition agreements transformed into actual action with two dramatic moves this week. First, on January 4, the FTC ordered three companies,...more
The Federal Trade Commission’s (“FTC”) threats of “cracking down” on non-competition agreements transformed into actual action with two dramatic moves this week. First, on January 4, the FTC ordered three companies,...more
1/9/2023
/ Competition ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Section 5 ,
Unenforceable Contract Terms ,
Unfair Competition
The Illinois Constitution Amendment 1 (commonly referred to as the “Workers’ Rights Amendment”) has received enough votes to secure its passage. Citizens of Illinois voted on the Amendment on November 8, 2022, but delays in...more
Dobbs v. Jackson Women's Health Organization -
..6-3 decision: Justice Alito wrote the majority opinion, with separate concurrences from Justices Thomas, Kavanaugh, and Roberts, and dissent by Justices Breyer, Sotomayor,...more
9/13/2022
/ Abortion ,
Discrimination ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Pregnancy ,
Protected Activity ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS
In Dobbs v. Jackson Women’s Health Organization the United States Supreme Court overturned years of precedent started by Roe v. Wade and conferred the right to regulate abortions to individual states. This marked change has...more
With the COVID-19 pandemic, employers generally had broad discretion to require employees to take COVID-19 tests before entering the workplace. However, the Equal Employment Opportunity Commission (“EEOC”) has recently...more
Amendments to Chicago Ordinance Impose Additional Obligations Relating to the Prevention of Sexual Harassment -
As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers...more
7/7/2022
/ Amended Legislation ,
Bereavement Leave ,
Compliance ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Human Rights ,
Local Ordinance ,
Posting Requirements ,
Sexual Harassment ,
State Labor Laws ,
Training Requirements ,
Work Schedules
2021 was an active year for trade secret and restrictive covenant law. 28 states introduced a total of 68 restrictive covenant bills, the United States Senate re-examined two prior restrictive covenant bills, and President...more
12/3/2021
/ Antitrust Division ,
Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
Trade Secrets