A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more
8/21/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
A Florida federal court became the second court in the nation Wednesday to rule that the Federal Trade Commission’s proposed ban on most non-compete agreements cannot be enforced. Chief Judge Timothy Corrigan, from the Middle...more
A Texas federal judge temporarily blocked the Federal Trade Commission from enforcing its final rule banning essentially all non-compete agreements – but the July 3 ruling only applies to the five entities in the suit. For...more
Minnesota businesses, including staffing agencies, will no longer be able to enter into contracts that restrict their customers from hiring workers placed at their jobsites thanks to a new law taking effect on July 1. But the...more
The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. If the rule survives legal challenges, you will not...more
After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed...more
The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more
2/2/2024
/ ADEA ,
Affirmative Action ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Chevron Deference ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Immigration Procedures ,
Joint Employers ,
Labor Relations ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Pay Equity Laws ,
Quickie Election Rules ,
SCOTUS ,
Unions ,
Wage and Hour ,
Workplace Safety
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
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Colleges ,
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EU ,
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Labor Reform ,
Labor Relations ,
Labor Shortage ,
Manufacturing Employers ,
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Non-Compete Agreements ,
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The Georgia Court of Appeals just made it significantly more difficult for employers to enforce employee non-solicitation provisions, which might require you to take immediate action to protect your company’s interests in...more
A recent report from Bloomberg Law indicated that the Federal Trade Commission’s vote to formally ban non-compete agreements in most employment agreements won’t take place until April 2024. While this delay could be welcome...more
“For too long, workers have been getting stiffed. But not anymore. We’re beginning to restore the dignity of work.” With these words, spoken by President Biden midway through his State of the Union address Tuesday night,...more
2/10/2023
/ Biden Administration ,
Employee Benefits ,
Hiring & Firing ,
Immigration Reform ,
Labor Reform ,
Labor Relations ,
Medical Leave ,
Minimum Wage ,
Non-Compete Agreements ,
Paid Leave ,
State of the Union ,
Wage and Hour
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...more
1/3/2023
/ Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
Privacy Laws ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
When various news outlets reported last week that President Biden was considering using his executive authority to ban or limit the use of non-compete restrictions, all manner of speculation arose from employers across the...more
After much discussion and debate, Congress just passed the Paycheck Protection Program Flexibility Act, which will implement substantial changes to the Paycheck Protection Program (PPP). President Trump is expected to sign...more
The Small Business Administration finally released its much anticipated forgiveness application for borrowers who received a Paycheck Protection Program (PPP) loan. It has been nearly two months since the program was signed...more
A group of employees concerned about their workplace safety amidst the COVID-19 pandemic just filed a legal action against their employer seeking a court order that would require the company to comply with federal safety...more
5/4/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Infectious Diseases ,
Injunctive Relief ,
OSHA ,
Public Health ,
Risk Management ,
Workplace Safety
The Cybersecurity & Infrastructure Security Agency (CISA) just issued an updated memorandum listing the industries that contain the Essential Infrastructure Workforce – and it contains good news for many businesses that can...more
Both the state of Georgia and the city of Atlanta have implemented orders relating to the COVID-19 coronavirus outbreak that will impact businesses across the state.
Georgia Order Provides Leeway -
On March 23, Georgia...more
In an interesting 15-page discovery order, Magistrate Judge Jeffrey Cole of the Northern District of Illinois rejected Motorola’s attempt to obtain images of the computers of a number of Hytera employees. Motorola has brought...more
Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more
4/14/2017
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
Enforceability ,
Exit Interviews ,
Hiring & Firing ,
Job Applicants ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Risk Mitigation ,
Trade Secrets
In Symphony Diagnostic Services No 1 Inc. d/b/a MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals tjust addressed an issue that frequently arises in the non-compete context: what happens when a company buys the...more
Although the Georgia appellate courts have not issued many decisions on the new restrictive covenant statute that went into effect on May 11, 2011, they do continue to issue decisions in the area of protecting confidential...more
It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect. Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state...more
President Obama is expected to sign the Defend Trade Secrets Act, which passed with overwhelming, bipartisan support in the House and Senate in recent weeks (and about which we will have a lot more to say in the coming days)....more