News & Analysis as of

Pre-Employment Agreements

Proskauer - California Employment Law

Employers’ Wage and Hour FAQs: California Wildfires Edition

Wildfires continue to rage across Southern California, leveling entire neighborhoods, forcing evacuations for tens of thousands of people, and posing incredible hardship on businesses and their employees...more

Foley & Lardner LLP

Disgorgement on the Table in Wisconsin for Tortious Interference With Employee Noncompete Agreements

Foley & Lardner LLP on

2024 was a year in which there were significant developments with respect to restrictive covenants, particularly for employment noncompete agreements. As our readers are aware, the Federal Trade Commission (FTC) published a...more

Mitratech Holdings, Inc

What Does a Background Check Show?

Mitratech Holdings, Inc on

An HR professional may conduct hundreds of background checks throughout their career, but how much do you really know about what a background check can reveal? Background checks are an essential piece of the...more

Seward & Kissel LLP

Employment Considerations in Portfolio Company Acquisitions

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A private equity (PE) firm’s primary objective is to generate returns on its investments. When a PE firm acquires a portfolio company (PortCo), one way the PE firm increases its returns is by making employment-related...more

McNees Wallace & Nurick LLC

Let’s Talk Turkey: Prohibitions on Marijuana Next on the Menu for a City or State Near You?

In Pennsylvania, fall is in full swing, football season is hitting its stride and Thanksgiving is just around the corner.  What is on the menu for employers as the fall turns to winter?  Maybe some more restrictions on...more

Foley & Lardner LLP

Recent California Federal Court Decision Indicates That Determining Whether an Employment Agreement Illegally Restrains Lawful...

Foley & Lardner LLP on

In a previous article that we published in October 2023, we detailed California’s forthcoming amendment to its noncompete law. That law, which is codified in California Business & Professions Code sections 16600 et seq, voids...more

Foley & Lardner LLP

Don’t Let Casper the Friendly Ghost Electronically Sign Anything This Spooky Season

Foley & Lardner LLP on

On the heels of Halloween, as employers turn to preparing for the roll-out of new policies or handbooks in the new year, it’s worth considering how employees might go about acknowledging receipt and understanding of said...more

Fox Rothschild LLP

Watch Your Step: Three Legal Pitfalls Awaiting Colorado Employers

Fox Rothschild LLP on

Employers in Colorado must ensure compliance with a variety of state and federal laws governing employment agreements and workplace policies. Here are three frequently overlooked legal pitfalls to watch out for: ...more

Procopio, Cory, Hargreaves & Savitch LLP

8 Steps to Take Before a Successful M&A Exit

Most entrepreneurs dream of someday selling their company. There are several steps they should be taking well in advance to ensure a profitable exit. Procopio Partner Bill Eigner identified 8 key steps business owners should...more

Proskauer - Law and the Workplace

Four Things You May Not Know About … USERRA

In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and...more

Proskauer - Labor Relations Update

NLRB Issues “Fair Choice-Employee Voice” Final Rule

On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...more

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

Foley & Lardner LLP on

Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...more

Proskauer - Labor Relations Update

Compete All You Want:  ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

Seyfarth Shaw LLP

Colorado Amends Non-Compete Law To Address Potential Abuses of Training Repayment Agreement Provisions (TRAPS)

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On May 31, 2024, the Governor of Colorado signed House Bill 24-1324, titled “Attorney General Restrictive Employment Agreements,” putting into place a law to toughen protections for employees who are subject to abusive...more

Patterson Belknap Webb & Tyler LLP

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders...more

Knobbe Martens

Ambiguous Phrase in a Patent Assignment Precludes Summary Judgment Regarding Standing

Knobbe Martens on

Before Dyk, Mayer, and Taranto. Appeal from the Central District of California. Summary: Applying California law, the phrase “entirely on my own time” in an employment agreement was found ambiguous and therefore precluded...more

ArentFox Schiff

FTC Rule Addressing Noncompete Covenants: Impact on Individual Worker Agreements in the Health Care Industry

ArentFox Schiff on

On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers. The Rule will have practical implications on worker...more

Ankura

Operational Implications of the New Bulk Sensitive Data Executive Order

Ankura on

On February 28, 2024, President Biden signed Executive Order 14117 (the EO), on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The United...more

Mitratech Holdings, Inc

Background Screening FAQs: Unveiling the Mysteries of Pre-Employment Checks

Are you hiring the right candidates? Or are you hiring candidates that put your organization at risk, bounce around, and can’t do what they say they do? Background screening is your defense system when trying to make quality...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2) UPDATED April 23 2024

Porter Hedges LLP on

This post is the second installment discussing best practices for conducting a Human Resources compliance audit. The first installment of the series provided an overview of the compliance audit process and practical advice at...more

Kohrman Jackson & Krantz LLP

Protecting Your Company’s Confidential Information: Takeaways from Meta’s Lawsuit Against Its Former Employee

Meta Platforms Inc., the parent company of Facebook, Instagram, and other products, recently filed a lawsuit in a California state court against a former vice president for allegedly taking confidential information from Meta...more

Adams & Reese

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

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The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

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

Proskauer - California Employment Law

Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal

Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) - Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more

Proskauer - California Employment Law

Whistleblower Protection Laws Do Not Apply Outside the United States

Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) - Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more

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