On August 20, 2024, the U.S. District Court for the Northern District of Texas issued a memorandum opinion and order holding that the Federal Trade Commission (FTC) rule banning post-employment noncompetes (Noncompete Rule)...more
On August 15, 2024, another federal court weighed in on the question of whether the Federal Trade Commission (FTC) exceeded its authority in issuing its rule banning post-employment noncompetes (Noncompete Rule), which is...more
2023 was an eventful year for those following state and federal noncompete law developments. Federal agencies, state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition...more
On May 11, 2023, the Minnesota Legislature agreed to a new law rendering void and unenforceable all future covenants not to compete, with limited exceptions for agreements entered into in connection with the sale or...more
2022 was a relatively quiet year in terms of noncompete developments. However, both state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition and employee non-solicitation...more
12/28/2022
/ Corporate Counsel ,
Employee Mobility ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Legislative Agendas ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
State Legislatures
The top 10 non-compete law developments in 2021 demonstrated a continued hostility by lawmakers and courts toward noncompetition and no-hire agreements, as well as the need for employers to stay current on the diverse...more
Retaliation and whistleblower claims are on the rise nationally, and Minnesota is no exception to this trend. In part, this is because plaintiffs’ counsel perceive such claims — particularly claims arising under the broad...more
In the best of economic times, some courts can be reluctant to grant immediate injunctive relief and enjoin an employee from working in order to enforce employee post-employment restrictive covenants. Now that we are in the...more
10/6/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Ex Parte ,
Misappropriation ,
Non-Compete Agreements ,
Post-Employment Communications ,
Remote Proceedings ,
Remote Working ,
Restraining Orders ,
Restrictive Covenants ,
Trade Secrets
If there was any question about whether there is a growing national trend to limit the enforceability of noncompetition agreements, 2019 settled the matter. Seven states enacted new statutes designed to limit the...more
On April 2, 2018, the Supreme Court decided Encino Motorcars, LLC v. Navarro, No. 16-1362, holding in a 5-4 decision that the Fair Labor Standards Act (FLSA) exempts service advisors at car dealerships from the Act’s...more
4/3/2018
/ Automotive Industry ,
Car Dealerships ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour
Beginning January 1, 2018, California employers will no longer be able to ask job applicants about their salary history. California joins a small but growing group of states and cities that have enacted similar measures,...more
In response to a growing number of “drive-by” accessibility lawsuits filed in Minnesota in recent years, and after an unsuccessful attempt to remedy the problem last year, the Minnesota legislature recently passed amendments...more
A recent “Guidance for HR Professionals” jointly issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) highlights that arrangements between competing businesses designed to limit competition in...more
The federal Defend Trade Secrets Act (DTSA), which President Obama signed into law last week, puts a new and significant arrow in the quiver of employers seeking to enforce trade secret protections, as previously discussed in...more
In response to the increasing cost of providing group health coverage, employers have begun encouraging their employees to participate in wellness programs with the goal of improving overall employee health and reducing...more
On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. Equal Employment Opportunity Commission. The Court held that the EEOC’s compliance with its statutory obligation to attempt to informally conciliate claims...more
In the early stages of an employment class or collective action, employers and their counsel often are eager to contact putative class members. For example, defense counsel may wish to interview putative class members in...more
In light of recent lawsuits by the EEOC against companies with overly broad or misleading severance agreements, we asked our contributors: What exactly is a successful separation agreement between employer and employee?...more