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Cranfill Sumner LLP

Common but Tricky Employee-Focused Issues in Written Employment Agreements

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Not every employee is asked to sign a written employment agreement. Most, in fact, are not. But for the (relative) few who will sign a written agreement of employment, here is a look at three tricky and often overlooked...more

Allen Matkins

Will California's New Statute Invalidating Non-Compete Agreements Be Subject To Constitutional Challenge?

Allen Matkins on

Article I, Section 10 of the United States Constitution prohibits a state from passing any law impairing the obligation of contracts.  A similar prohibition is found in Article 1, Section 9 of the California Constitution. ...more

Genova Burns LLC

Federal Trade Commission Proposes Banning Noncompete Clauses

Genova Burns LLC on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a radical and unprecedented rule that would prohibit employers from entering noncompete clauses with their workers. This follows the initiation of a landmark FTC...more

Kohrman Jackson & Krantz LLP

Ohio Appeals Court Affirms Modification Of Doctor’s Non-compete Agreement

One of Ohio’s most influential appeals courts has affirmed the power of courts to modify non-compete agreements (here, a physician’s employment contract) to strike the right balance between employers’ interests in protecting...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

Bilzin Sumberg

Millions of American workers are shackled by absurd non-compete agreements. Companies need to stop needlessly restricting workers.

Bilzin Sumberg on

President Biden has directed the FTC to crack down on non-competition agreements. Non-compete clauses can unfairly hinder the mobility of low-level workers due to disparate bargaining power. Originally Published in...more

Proskauer - Law and the Workplace

DC Ban on Non-Competes Postponed to April 1, 2022

As we previously reported, earlier this year the District of Columbia enacted the The Ban on Non-Compete Agreements Amendment Act (the “Act”), which creates the broadest non-compete ban in the country. The Act essentially...more

Quarles & Brady LLP

Illinois Freedom to Work Act Imposes New Restrictions on Restrictive Covenants

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Note - This article has been updated to reflect that the amendments to the Illinois Freedom to Work Act discussed in our June 9, 2021 article have now been signed into law. The law goes into effect January 1, 2022. Joining...more

Lowndes

Biden Administration Targets Non-Competes

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On July 7, 2021, White House Press Secretary Jen Psaki divulged President Biden intends to sign a new executive order in the coming days addressing competition in the labor market, in part by targeting non-compete clauses and...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

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On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Seyfarth Shaw LLP

That Was Quick—Massachusetts Legislature Seeks to Clarify 2018 Non-Compete Law, and to Exempt Physician Assistants

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Last summer, after a decade of fits and starts, and just minutes before the end of the 2018 legislative session, the Massachusetts legislature finally passed comprehensive non-compete reform, which went into effect on October...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Are You in Compliance? Rhode Island and New Hampshire Restrict Noncompetition Agreements

As 2020 approaches, employers in New England may want to review their noncompetition agreements to determine whether they comply with recently enacted laws in Rhode Island and New Hampshire. In 2019, both states passed laws...more

Seyfarth Shaw LLP

Rhode Island Joins the Fray, Passing Legislation that Restricts the Use of Non-Compete Agreements for Certain Low-Wage Workers

Seyfarth Shaw LLP on

Following in the footsteps of its neighbors Maine, Massachusetts, and New Hampshire, Rhode Island recently enacted legislation that restricts the use of non-competition agreements with certain types of employees. The Rhode...more

Seyfarth Shaw LLP

Retroactivity Provision in Washington State’s New Law Limiting Non-Competes May Face Court Challenges

Seyfarth Shaw LLP on

This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more

Orrick - Trade Secrets Group

Congress Aims to Restrict Use of Non-Competes Nationwide

As reported by Trade Secrets Watch last month, several states (including Maryland, Maine, New Hampshire, and Rhode Island) recently passed legislation curtailing the use of non-compete agreements.  Now, the federal government...more

Seyfarth Shaw LLP

Another Year, Another Attempt in the U.S. Senate to Ban Non-Competes Nationwide

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Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) have introduced legislation entitled the Workforce Mobility Act (“WMA”). The WMA, like its prior incarnation from last year, seeks to ban non-compete agreements outside...more

Epstein Becker & Green

Lucky Seven: Rhode Island the Seventh State to Pass a Statute Governing Non-Compete Agreements During 2019

Epstein Becker & Green on

Rhode Island is the latest state to jump on the bandwagon of limiting the application of non-compete agreements, with its Rhode Island Noncompetition Agreement Act (the “Act”)....more

Seyfarth Shaw LLP

D.C. Poised to Ban Non-Competes Below Income Threshold

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The Council of the District of Columbia is considering a new bill that would ban the use of non-compete restrictions for workers below certain income thresholds—and impose stiff penalties upon employers who include such...more

Seyfarth Shaw LLP

Is It Time to Reconsider Your Non-Compete Policy? It Might Be If You Employ Low-Wage Workers

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Over the course of the past several years, several states have banned or severely restricted the ability of businesses to bind low-wage workers to post-employment restrictive covenants. Since 2007, Oregon has banned...more

Orrick - Trade Secrets Group

Key Trends from a Summer of Non-compete Reform

The start of September means that summer is unofficially over. However, the end of beach season also means that big changes to state non-compete laws are on the horizon....more

Seyfarth Shaw LLP

Maryland Low-Wage Workers Are Exempt from Non-Compete Clauses

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Joining the wave of jurisdictions limiting the competitive restraints employers may place on low-wage employees is Maryland. Maryland’s Noncompete and Conflict of Interest Clauses Act (the “Act”)?which passed without...more

Seyfarth Shaw LLP

First UK Supreme Court Decision on Restrictive Covenants for 100 years

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The Supreme Court in the UK, the highest court in the country, last week ruled on a restrictive covenant case for the first time in 100 years [Tillman v Egon Zehnder Ltd [2019] UKSC 32 (3 July 2019)]. It has clarified...more

Seyfarth Shaw LLP

New Hampshire Governor Bans Non-Compete Agreements for Low-Wage Employees

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On July 11, 2019, Governor Sununu signed S.B. 197 into law. S.B. 197 prohibits an employer from requiring an employee who makes 200% of the federal minimum wage ($14.50) to sign a non-compete agreement restricting the...more

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