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FTC’s Non-Compete Rule May Also Ban “Functional Non-Compete” Agreements – What are “Functional Non-Competes”?

There has been substantial publicity surrounding the Federal Trade Commission’s April 23, 2024 final rule banning traditional employee-employer non-compete agreements. This ban, if it survives pending legal challenges, would...more

The Benefits of Mediation for Employers

The sudden settlement of the Dominion Voting Systems defamation action against Fox News was secured by the last minute involvement of a private mediator. As reported by The Washington Post, mediator Jerry Roscoe worked with...more

The Apprentice and The President’s NDA: Lessons for Protecting Confidentiality

A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more

Employees Voting in the Upcoming Election

With the election coming on Tuesday, Nov. 3, a large number of Americans are expected to cast their ballots. The United States Election Project estimates that a record-setting 150 million – or 65 percent of the U.S....more

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The...more

Employment Law Update - How Conciliatory Should You Be?

Many employers faced with a charge of discrimination have participated in the Equal Employment Opportunity Commission’s mediation process. Employers, however, may not be as familiar with a separate EEOC process known as...more

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

Who's The Boss? - In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that...more

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