News & Analysis as of November 17, 2024

Non-Solicitation Agreements

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Pennsylvania Enacts Law Banning Certain Non-Compete Agreements with Healthcare Providers

Littler on 7/29/2024

On July 23, 2024, Pennsylvania Governor Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the “Act”), which bans certain noncompete covenants, including patient nonsolicitation provisions, between an...more

Shifting rules on noncompetes leaves Oregon businesses flustered

Schwabe, Williamson & Wyatt PC on 7/11/2024

Employers in Oregon and across the U.S. are struggling to understand how to respond to recent conflicting decisions around noncompete clauses, which restrict workers from changing jobs in the same industry. Originally...more

Washington State Tightens Noncompete Restrictions

Perkins Coie on 5/2/2024

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/29/2024

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Georgia Maps Out New Requirement for Employee Non-Solicits

Seyfarth Shaw LLP on 8/21/2023

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it...more

Federal Ban on Non-Competition Agreements Introduced in the House of Representatives

Shutts & Bowen LLP on 10/25/2022

On September 1, 2022, Representative Mike Garcia introduced H.R. 8755, titled The Restoring Workers’ Rights Act (“RWRA”) to the House of Representatives, and if it passes and is ultimately signed into law, it will ban...more

Colorado Bill Restricts Non-Compete Agreements and Creates Substantial Penalties for Violations

Lewis Roca on 6/14/2022

A Colorado law will take effect in August 2022 that substantially changes what is permissible for non-compete and non-solicitation employment agreements. Currently, Colorado allows employers to require non-compete...more

Colorado Set to Severely Limit Non-Competes and Other Restrictive Covenants: A 5-Step Action Plan for Employers

Fisher Phillips on 5/12/2022

Colorado lawmakers just passed a law that will bring dramatic change to the non-compete landscape by significantly limiting the circumstances under which restrictive covenants may be used – virtually ending the practice of...more

Illinois Imposes New Limits on Non-Competes Effective January 1

Akerman LLP - HR Defense on 12/6/2021

Illinois employers will be far more restricted in their ability to bind employees to non-competition and non-solicitation agreements as result of an amendment to the Illinois law governing such agreements. The law amends the...more

7 Key Takeaways for Employers as Illinois Passes Groundbreaking Restrictive Covenant Agreement Law

Fisher Phillips on 8/27/2021

Illinois Governor J.B. Pritzker recently signed a new law into effect that amends the Illinois Freedom to Work Act (IFWA) and creates greater obstacles for employers when it comes to the enforceability of restrictive...more

Non-Compete News: Illinois Legislature Changes the Game on Non-Compete Agreements

FordHarrison on 8/26/2021

It’s no secret that Illinois courts have historically been less than friendly to restrictive covenants, and non-compete agreements in particular. On August 13, 2021, Governor JB Pritzker signed into law Public Act 102-0358,...more

Illinois Governor Signs Restrictive Covenant Bill Into Law

Proskauer - Law and the Workplace on 8/19/2021

On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act (820 ILCS § 90), which imposes restrictions on the use of non-competition and non-solicitation (employee and...more

Washington, D.C. Passes Legislation Banning Non-Compete Agreements: A 5-Step Action Plan For Employers

Fisher Phillips on 1/13/2021

Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more

What Employers Need to Know about the New Noncompetition Law in Maine

Verrill on 8/28/2019

On June 28, 2019, Maine Governor Janet Mills signed a bill into law that significantly limits an employer's use of noncompetition agreements; i.e., an agreement that prohibits an employee from working in the same or a similar...more

HB 2992: Oregon’s Most Recent Attempt to Rein in Restrictive Covenants

Fisher Phillips on 6/4/2019

In 2016, the White House issued a report that expressed a call to action for noncompetition reform at the state legislative level throughout our nation. Since then, many states have tinkered with their noncompetition laws in...more

Washington State Poised to Impose Significant Restrictions on Noncompetition Agreements

Perkins Coie on 4/24/2019

Last week, the Washington State Legislature passed a proposal that, once signed into law, will significantly restrict the use of noncompetition agreements in Washington. We fully expect Governor Jay Inslee to sign this law,...more

Massachusetts Employers, Non-Compete Reform is Here!—How is Your Organization Addressing It?

Fisher Phillips on 11/1/2018

One month into Massachusetts’ new non-competition law, employers throughout the Commonwealth are learning what many predicted from the beginning—there are a lot more questions than answers. As Fisher Phillips previously...more

Massachusetts Enacts Law on Noncompete Agreements

Holland & Knight LLP on 8/14/2018

• Massachusetts Gov. Charlie Baker recently signed into law the Massachusetts Noncompetition Agreement Act (Act), governing noncompetition agreements signed on or after Oct. 1, 2018, by employees and independent contractors...more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Nevada Codifies Amendments For Non-Competes and Other Forms of Restrictive Covenants – Adopts “Blue Pencil” Standard, Imposes...

Proskauer - Law and the Workplace on 7/8/2017

Nevada’s Assembly Bill 276, which became effective on June 3, 2017 (the “NV Law”), articulates new rules and requirements for employee restrictive covenants, some of which fundamentally alter the State’s prior practices. The...more

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