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Texas Court Sets Aside the FTC’s Non-Compete Rule with Nationwide Effect

Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20. The Federal Trade Commission’s (FTC) final non-compete rule, which seeks...more

The Littler® Annual Employer Survey Report - May 2024

Executive Summary - 2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more

FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) by a vote of 3-2 approved and issued its final rule that effectively bans employers’ use of all non-compete agreements (with very limited exceptions). The final rule is...more

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes

Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act.  GC Memo 23-08 did not expressly condemn...more

NLRB General Counsel Abruzzo Targets Employee Non-Competes under NLRA

On May 30, 2023, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. In the memorandum, Abruzzo urges the National Labor Relations Board to...more

An Overview of the Employment Law Issues Posed by Generative AI in the Workplace

I. Introduction - A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT - Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more

FTC Proposes Rule Banning Non-Competes

On January 5, 2023, the Federal Trade Commission published a proposed rule that, if it became final, would ban all non-compete agreements with limited exceptions. The rule would go into effect 60 days after it becomes final,...more

Massachusetts High Court Expands Employer Liability for Late Payment of Wages

In Reuter v. City of Methuen (April 4, 2022), the Massachusetts Supreme Judicial Court expanded an employer’s liability for the late payment of wages.  Generally, Massachusetts law requires that an employer that terminates an...more

“B Together” – Boston’s New Vaccination Mandate

On December 20, 2021, the City of Boston announced a new vaccination mandate, the “Temporary Order Requiring COVID-19 Vaccination for Indoor Entertainment, Recreation, Dining, and Fitness Settings in the City of Boston” (the...more

The Trend Continues: Illinois Imposes Additional Prerequisites and Restrictions on Employers’ Use of Restrictive Covenants

In the last 10 years, states across the country have passed measures imposing new requirements and restrictions on employers wishing to use non-compete agreements with their workforces. In 2016, Illinois enacted the Freedom...more

President Biden Seeks to Regulate (and Potentially Ban) Non-Competes

On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more

Workforce Reductions and Statistics: A Primer and Recommendations

Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is...more

Massachusetts Releases Four-Phase Reopening Plan

On May 18, 2020, Massachusetts Governor Charlie Baker and the Massachusetts Reopening Advisory Board released the Reopening Massachusetts Report (the “Report”), which provides details regarding the state’s four-phase...more

Massachusetts Stay-at-Home Advisory Effective March 24

On March 23, 2020, Massachusetts Governor Charlie Baker issued an executive order titled “Order Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of...more

Maine and New Hampshire Join the Ranks of States Restricting Use of Noncompete Agreements – with Rhode Island on the Cusp

In recent weeks, Maine and New Hampshire each enacted a law prohibiting the use of noncompete agreements with lower wage earners.  Shortly thereafter, on July 11, 2019, the Rhode Island legislature sent a similar bill to...more

Labor and Employment Issues Facing the Healthcare Industry

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Annual Report on EEOC Developments – Fiscal Year 2018

This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more

The Other Shoe Drops: Court of Appeal Decision Narrows Use of Employee Non-Solicitation Provisions in California

It is well-established that restrictive covenants are prohibited by statute in California. Since the decision by the California Supreme Court that partial restraints like customer non-solicitation clauses were void under...more

Frequently Asked Questions About the New Massachusetts Noncompetition Agreement Act

The recently-enacted Massachusetts Noncompetition Agreement Act (“Act”) provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018. ...more

Massachusetts Legislature Passes Comprehensive Noncompete Reform

After years of negotiation, on July 31, 2018, the Massachusetts legislature finally was able to pass legislation that, if signed by Governor Charlie Baker, would significantly limit the enforceability of noncompetition...more

Annual Report on EEOC Developments — Fiscal Year 2017

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Illinois Becomes Seventh State to Expand Employment Rights to Domestic Workers

On August 21, 2016, Illinois Governor Bruce Rauner signed into law the Illinois Domestic Workers’ Bill of Rights, amending four existing state employment laws so they will now apply to domestic workers. Effective January 1,...more

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