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
Employers likely have lots of questions as you try to understand the FTC’s new non-compete ban. After all, non-competes have become a tool for businesses of all types and sizes, and if the rule survives legal challenges, it...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
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
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New York lawmakers just passed legislation that would ban employee non-compete agreements, heading to Governor Hochul for consideration. If signed into effect by the governor, the law will be a sea change for New York...more
Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer...more
Minnesota is poised to become the fourth state – together with California, North Dakota, and Oklahoma – to enact a near-total ban on the use of non-compete restrictive covenants. The Minnesota legislature passed an omnibus...more
When the federal government proposed a rule that would ban most non-competition agreements, many employers lined up with questions and concerns about the scope of the proposal and what it might mean for their day-to-day...more
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 ,
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Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
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Wage and Hour ,
Workplace Safety
After passing some of the nation’s strictest regulations on employer use of non-compete agreements, the D.C. Council has backtracked on some of the law’s most controversial provisions. Employers who rely on non-competes may...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
3/16/2022
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The Washington, D.C. Council just passed an emergency resolution that would postpone the applicability date of Washington, D.C.’s Ban on Non-Compete Agreements Amendment Act of 2020 – one of the nation’s most restrictive...more
Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more
1/13/2021
/ Anti-Retaliation Provisions ,
Confidentiality Agreements ,
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New Legislation ,
Non-Compete Agreements ,
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Restrictive Covenants
It appears to be official: unless the election results can be overturned in several states, Joe Biden will soon be our nation’s 46th president. Now the work begins to forecast what the next four years will bring. We’ve spent...more
11/9/2020
/ Affirmative Action ,
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On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing...more
Last month, the Connecticut state legislature passed a bill that would have regulated the use of noncompete agreements....more