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Federal Court Blocks FTC Non-Compete Ban: What Companies Should Know

Additional Important Updates on the FTC’s Non-Compete Ban August.21.2024 The Rule is Blocked Nationwide: On August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. FTC, granted...more

Life After the FTC Non-Compete Ban: What Companies Should Know (Updated)

The Rule is Blocked Nationwide: On August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. FTC, granted Plaintiff-Intervenors’ motion for summary judgment, holding that the FTC’s...more

Life After the FTC Non-Compete Ban: What Companies Should Know (UPDATE)

Decision in ATS Tree Services: On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services v. FTC denied the plaintiff’s motion for a preliminary injunction seeking a nationwide...more

Life After the FTC Non-Compete Ban: What Companies Should Know (UPDATED)

Additional Important Updates on the FTC’s Non-Compete Ban Decision in Ryan LLC: On July 3, the U.S. District Court for the Eastern District of Texas in Ryan, LLC v. FTC, issued a preliminary injunction staying the effective...more

Life After the FTC Non-Compete Ban: What Companies Should Know

In a novel and sweeping act of substantive rulemaking, the U.S. Federal Trade Commission (FTC) determined that non-compete agreements between employers and workers constitute an “unfair method of competition” prohibited under...more

New York Non-Compete Law: What It Would Do

Legislators in New York have passed a bill that would prohibit non-compete agreements. Governor Kathy Hochul has expressed support for “banning agreements that limit workers’ ability to move and work freely,” but it is...more

Critical Full Service Restrictive Covenant Compliance: Orrick’s State-by-State Survey

We are seeing a steep increase in restrictive covenants legislation across the country with laws and enforceability widely varied from state to state. So how do companies that have seen their workforce distributed in more...more

The FTC Proposes Rule to Ban Noncompete Clauses: What’s Next and What to Do

On July 9, 2021, President Biden signed an “Executive Order on Promoting Competition in the American Economy”, which encouraged the Federal Trade Commission (the “FTC”) to “exercise the FTC’s statutory rulemaking authority...more

Keeping the Package Delivery Workforce Safe – New Guidance From OSHA

As COVID-19 has forced more Americans than ever to stay home, the package delivery workforce has been active in delivering food and other essential items to people’s doorsteps. These package delivery drivers may have...more

Los Angeles Mayor Issues Emergency Order Establishing COVID-19 Supplemental Paid Sick Leave

On April 7, 2020, Mayor Eric Garcetti issued an emergency order providing supplemental paid sick leave to certain employees working within the City of Los Angeles for a variety of reasons related to COVID-19 (the “Order”)....more

New York State Department of Labor Releases Guidance and FAQs for Compliance with Newly-Enacted COVID-19 Leave Law

The New York State Department of Labor (“NYSDOL”) has issued guidance (the “Guidance”) and answers to frequently asked questions (“FAQs”) relating to various aspects of the newly-enacted legislation providing emergency sick...more

Families First Coronavirus Response Act: What Employers Need to Know (Updated)

On March 18, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA is effective April 1, 2020. The Department of Labor also issued guidance and detailed FAQs, addressing various...more

New York State Passes Paid Leave for Quarantined Employees

On March 18, 2020, New York State passed legislation (the “Act”) to provide emergency sick leave and other benefits to employees who are unable to work because they are subject to a government order of quarantine or isolation...more

New York Governor Cuomo Orders Non-Essential Businesses to Reduce In-Office Workforce by 75%

Adding to a growing wave of local, state, and federal legislation addressing the effects of the COVID-19 pandemic, on March 18, 2020 (and revised on March 19, 2020), New York Governor Cuomo signed Executive Order 202.6, a...more

Families First Coronavirus Response Act: What Employers Need to Know

In the afternoon on March 18, the Senate passed the House’s Families First Coronavirus Response Act (FFCRA) and President Trump signed the bill into law. Below are answers to some frequently asked questions about provisions...more

COVID-19 Update: Senate Passes Families First Coronavirus Response Act

On Wednesday, the Senate passed the Families First Coronavirus Response Act or H.R. 6201. The approved legislation has been sent to President Donald Trump’s desk for his signature. ...more

COVID-19 Update: House of Representatives Passes the Families First Coronavirus Response Act

On March 14, 2020, the House of Representatives passed HR 6201, the Families First Coronavirus Response Act. Now, the Senate will consider the bill. As currently drafted, the bill will go into effect no later than 15 days...more

A Preliminary Employer Victory: California Federal Court Issues Preliminary Injunction Enjoining Enforcement of AB 51

On February 7, 2020, Chief U.S. District Judge Kimberly Mueller of the Eastern District of California issued a detailed order explaining the court’s January 31, 2020 grant of a preliminary injunction enjoining the State of...more

EEOC Lawsuit Reminds Employers To Exercise Caution In Planning And Executing Holiday Parties

As the holiday season approaches, it is a good time for employers to review their policies and take preventative measures to ensure festivities do not get out of hand at office holiday parties....more

Congress Aims to Restrict Use of Non-Competes Nationwide

As reported by Trade Secrets Watch last month, several states (including Maryland, Maine, New Hampshire, and Rhode Island) recently passed legislation curtailing the use of non-compete agreements.  Now, the federal government...more

Huawei Alleges “Selective Prosecution” by the DOJ

In January of this year, the DOJ indicted the Chinese telecom giant Huawei on counts of theft of trade secrets conspiracy, attempted theft of trade secrets, wire fraud, and obstruction of justice. On August 1, Huawei moved to...more

Washington Restricts Use of Non-Competition Agreements

Earlier this year, Washington adopted a new law—Engrossed Substitute House Bill 1450—that places significant restrictions on the enforceability of non-competition agreements. The law applies to “every written or oral...more

Ninth Circuit Withdraws Vasquez, Punts to California Supreme Court on Dynamex Retroactivity

On July 22, 2019, the Ninth Circuit withdrew its recent decision in Vazquez v. Jan-Pro Franchising International, Inc., and ordered that it would certify to the California Supreme Court the question of whether the worker...more

Texas Jury Rejects Digital Marketing Company’s $50 Million Trade Secret Misappropriation Claim

After a weeklong June trial, a Texas federal jury awarded Six Dimensions, Inc. (“Six Dimensions”), a digital marketing firm, $287,000 for its breach-of-contract claim against its former employee but rejected its behemoth $50...more

Tip-ping the Scales: New Challenge to the DOL’s Revised Tip Credit Rule

As was reported late last year, the Department of Labor (“DOL”) in 2018 published an Opinion Letter (FLSA2018-27), effectively rescinding the agency’s 80/20 tip credit rule....more

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