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New York State Legislature Passes Bill Banning Non-Compete Agreements and Other Employment Legislation

New York’s Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills. In sum, these four bills (i) ban the use of non-compete agreements, (ii)...more

FTC Takes Aim at Non-Compete Agreements

On Jan. 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to publish a Notice of Proposed Rulemaking for a Non-Compete Rule (Proposed Rule), which provides that virtually all non-compete clauses with employees,...more

The End of Mandatory Arbitration and Class and Collective Action Waivers in Sexual Harassment and Sexual Assault Disputes

On March 3, President Biden signed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The Bill amends the Federal Arbitration Act (FAA) to invalidate predispute agreements to...more

When Blue Penciling Fails to Come to the Rescue: New York Federal Court Refuses Partial Enforcement of Restrictive Covenant

Since the landmark New York Court of Appeals decision in BDO Seidman v. Hirshberg, 93 N.Y. 2d 382 (1999), the restrictive covenant landscape in New York has remained relatively constant....more

EEOC Retracts Long-standing Policy Against Binding Arbitration in Bias Cases

On Dec. 16, 2019, the Equal Employment Opportunity Commission (EEOC) rescinded its 1997 policy statement on “Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the 1997 Policy...more

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