Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more
8/21/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Summary Judgment
The Federal Trade Commission (FTC) issued an extremely broad Final Rule banning most non-competes. As expected, there have been multiple court challenges to the Final Rule, but, to date, no court has issued a nationwide...more
8/13/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Motion To Enjoin ,
Non-Compete Agreements ,
Restrictive Covenants
As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more
5/8/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
In a recent decision and case of first impression, Pennsylvania’s Supreme Court unanimously affirmed that a no-hire of employees provision between a business and its vendor was unenforceable because it constituted an...more
5/10/2021
/ Employer Liability Issues ,
Employment Contract ,
First Impression ,
Former Employee ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
PA Supreme Court ,
Restrictive Covenants ,
Unenforceable Contract Terms
Employment at Will -
New Jersey adheres to the principle of at-will employment. Accordingly, an employment relationship may be terminated for any reason at the will of either party, provided the reason is not otherwise...more
5/6/2021
/ At-Will Employment ,
Drug Testing ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Regulations ,
Marijuana ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour
Executive Summary: Rejecting a bright-line test, Pennsylvania’s Supreme Court ruled last week that a covenant not to compete executed by an employee after the first day of employment can be enforceable — even though no new...more
On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more
3/12/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Motion to Dismiss ,
NJ Supreme Court ,
Reasonable Accommodation ,
Reinstatement
The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more
7/11/2019
/ Best Management Practices ,
Continuing Education ,
Department of Labor (DOL) ,
Employment Policies ,
Form I-9 ,
Green Cards ,
H-1B ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration Procedures ,
Information Technology ,
Medical Marijuana ,
Personnel Records ,
Risk Management ,
Sponsors ,
Staffing Agencies ,
Technology Sector ,
Trump Administration ,
Wage and Hour ,
Webinars
On September 12, 2018, New Jersey’s Senate offered proposed amendments to S. 2701, inching the New Jersey Marijuana Legalization Act toward enactment. Introduced in the Senate on June 7, 2018, the proposed amendments leave...more
Pennsylvania is entertaining legislation to ban all non-compete covenants. Like other states concerned with the effects of restrictions on the mobility of the workforce, the prohibition on non-compete agreements...more
9/5/2018
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Compete Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor...more
For several years, Massachusetts has tried—and failed—to pass restrictions on non-compete covenants, and this year is no exception. Massachusetts’ 2017-18 legislative session includes seven bills focusing on reforming...more
One of Governor Phil Murphy’s top priorities in his new administration is the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law this year comes as employers are just getting comfortable...more
An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more
A company that terminates an employee — even if it offers the employee the chance to apply for a position with the company’s successor — cannot enforce restrictive covenants over that employee, a New York appeals court...more
The City of Philadelphia amended its Fair Practices Ordinance (Ordinance) on January 23, 2017, to prohibit employers from inquiring about an applicant’s wage history during the hiring process. The law is the first of its kind...more
Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more
8/18/2016
/ Anti-Retaliation Provisions ,
CEPA ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Hiring & Firing ,
LMRA ,
NLRA ,
Preemption ,
Protected Activity ,
Retaliation ,
Section 7 ,
Summary Judgment ,
Termination ,
Unions ,
Whistleblower Protection Policies ,
Whistleblowers
As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that...more