News & Analysis as of

Employment Contract

Fisher Phillips

California Court Holds that Prospectively Signed Meal Period Waivers are Enforceable: 4 Steps You Can Take to Maximize Your...

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The California Court of Appeal just handed employers a wage and hour win by ruling that meal period waivers prospectively signed by non-exempt employees are enforceable if certain criteria are met. The April 21 decision in...more

Epstein Becker & Green

Wyoming Joins the List of States Banning Some Noncompete Agreements

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On March 19, 2025, Wyoming became one of the latest states to enact legislation banning noncompete agreements. The new law, which goes into effect July 1, 2025, voids “[a]ny covenant not to compete that restricts the right...more

Littler

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

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An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...more

Epstein Becker & Green

Arkansas Prohibits Noncompetes for Physicians

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In March of this year, Arkansas Governor Sarah Huckabee signed into law a bill titled “An Act To Clarify That a Covenant Not to Compete Agreement Is Unenforceable for Certain Licensed Medical Professionals" (the “Act”)....more

Vorys, Sater, Seymour and Pease LLP

Virginia and Wyoming Further Restrict Use of Non-Competition Agreements

As the future of the Federal Trade Commission’s stalled federal ban on non-competition agreements remains uncertain (FTC Non-compete Ban Blocked – For Good, For Now), states continue to enact laws curtailing employers’...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - April 2025

In this issue, we discuss the UK government’s various significant amendments to the Employment Rights Bill; a Court of Appeal ruling that highlights the challenges for employers in balancing competing beliefs in the...more

Offit Kurman

Legal and Practical Considerations of Adapting Employment Contracts

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In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman explore the essential aspects of employment agreements. They discuss the importance of these agreements both at the beginning...more

Jenner & Block

Delaware Supreme Court Reaffirms Reluctance to Blue-Pencil Overbroad Restrictive Covenants in Sunder v. Jackson

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The Delaware Supreme Court’s decision in Sunder Energy, LLV v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (December 10, 2024) reaffirmed the courts’ limited willingness to modify or “blue-pencil” overbroad restrictive...more

Fisher Phillips

New Law Voids Most Wyoming Non-Compete Agreements: Key Takeaways for Employers

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Employers who do business in Wyoming will soon face broad restrictions on their ability to enter into and enforce non-compete agreements with employees thanks to a new law passed last month and set to take effect on July 1....more

McDermott Will & Emery

Not Secret and Not Used: Misappropriation Claim Dismissed

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The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more

Fisher Phillips

New EU Platform Work Directive Impacts Freelancers and Gig Economy: Here’s What Businesses Need to Know

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The European Union took a big step last year towards regulating digital labor platforms – and member states will need to adopt the new directive before the end of 2026. The directive seeks to curb worker misclassification,...more

Epstein Becker & Green

Texas Joins List of Legislatures Seeking to Ban Noncompete Agreements

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After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported our anticipation that state legislatures would likely introduce legislation restricting the use of noncompetes....more

Baker Donelson

[Webinar] Protecting Your Competitive Edge and Avoiding Agency Enforcement - April 30th, 9:00 am - 10:30 am ET

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The FTC Non-Compete Rule, recent National Labor Relations Board rulings, and other agency and state actions have put a spotlight on government efforts to address competition. We will address those actions, the associated...more

Wiley Rein LLP

Fifth Circuit Holds Carve-Back Provision Could Not Overcome Breach of Contract Exclusion for Louisiana Wage Payment Act Claim

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The United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a breach of contract exclusion barred coverage for a judgment awarded to two employees who were not paid severance as required...more

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

German Federal Labor Court Finds Certain Virtual Stock Option Forfeiture Clauses May Unreasonably Disadvantage Employees

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht or BAG) held in Case No.: 10 AZR 67/24 that certain forfeiture clauses in General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen or...more

Dechert LLP

Virtual Employee Participation Programs (EPSPs): Important Developments in German Case Law Impacting Vesting Rules

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Employee participation programs are generally subject to sec. 305 ss. of the German Civil Code (BGB) governing the content control of general terms and conditions (GTC) if they are provided by the employer and were prepared...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

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As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Epstein Becker & Green

The Sunflower State (Kansas) Passes Employer-Friendly Restrictive Covenant Legislation

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Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Kansas has joined the growing list of jurisdictions to pass or introduce...more

Cranfill Sumner LLP

Fifth and Eleventh Circuits Grant FTC’s Motion to Stay Appeals Challenging Non-Compete Ban

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On March 15, 2025, the Fifth Circuit granted the FTC’s motion for a 120-day stay of the agency’s appeal of the district court decision to block its proposed ban on non-competes. The Eleventh Circuit followed suit on March 20,...more

Saul Ewing LLP

More States Narrow the Use of Restrictive Covenants: Updates from Virginia, Arkansas, and Wyoming

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Continuing a nationwide trend, three states recently enacted new legislation further restricting the enforceability of non-compete provisions in employment agreements. Starting in July, these new regulations are set to take...more

Littler

Kansas Law Mandates Reformation and Strengthens Non-Solicitation Covenants

Littler on

On April 9, 2025, Kansas Governor Laura Kelly signed into law Senate Bill No. 241, which amends Section 50-163 of the Kansas Restraint of Trade Act (the “Act”)1 to clarify what types of business contracts, agreements and...more

K&L Gates LLP

Recent and Emerging Employment Law Changes Impacting Australian Employers

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Not long after intentionally underpaying employees became a criminal offence on 1 January 2025, additional workplace changes have been announced or made by the federal Labor government to further protect workers and stimulate...more

Seyfarth Shaw LLP

Wyoming Bans Most Non-Compete Agreements Starting July 1, 2025

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Wyoming, with the introduction of Wyo. Stat. §1-23-108, banned most non-compete agreements for contracts signed on or after July 1, 2025, but with several meaningful exceptions....more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Parker Poe Adams & Bernstein LLP

Wyoming Is the Latest State to Ban Employment Non-Competes

As of July 1, 2025, Wyoming joins a growing list of states that bar employers from entering into non-competition agreements with most workers. The new law voids existing and new non-competes, with exceptions for the sale of a...more

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