As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more
8/22/2024
/ Administrative Procedure Act ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Permanent Injunctions ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more
7/12/2024
/ Chamber of Commerce ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Risk Management ,
Unfair Competition
On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of...more
On April 23, 2024, the Federal Trade Commission voted 3-2 to publish a proposed final rule that would ban nearly all worker non-competes. If the proposed final rule goes into effect, it will present a major legal change...more
Under the Biden administration, administrative agencies have taken aggressive action attempting to banish non-competes and similar agreements from the workplace. On January 5, 2023, the Federal Trade Commission (“FTC”)...more
On January 5, 2023, the Federal Trade Commission ("FTC") issued a Notice of Proposed Rulemaking proposing a "Non-Compete Clause Rule." If the proposed rule goes into effect as drafted, it would ban employers across the...more
In a groundbreaking 6-3 decision, the Supreme Court of the United States has held that an employer who fires an individual because of the individual’s sexual orientation or transgender status violates Title VII. Bostock v....more
6/24/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The U.S. Supreme Court held on May 21 that class action waivers in employment arbitration agreements are enforceable. This is a major victory for employers. ...more
5/30/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
SCOTUS
North Carolina has repealed House Bill 2. In its place, the North Carolina General Assembly enacted law:
..Preempting state agencies and related entities from regulating access to multiple occupancy restrooms, showers...more
On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more
5/20/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
State Law Claims ,
Trade Secrets ,
UTSA ,
Whistleblower Protection Policies
H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more
4/21/2016
/ American Civil Liberties Union (ACLU) ,
Employee Benefits ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fourteenth Amendment ,
Gender Identity ,
Governor McCrory ,
LGBTQ ,
New Legislation ,
OSHA ,
Preemption ,
Private Right of Action ,
Private Sector ,
Public Accommodation ,
Public Agencies ,
Public Policy ,
Public Schools ,
Sexual Orientation ,
State and Local Government ,
Title IX ,
Transgender ,
Wage and Hour
Effective January 1, 2016, employers will have a new statutory remedy at their disposal for the protection of proprietary information and other property. The North Carolina Property Protection Act (PPA) states that any person...more
The North Carolina Court of Appeals recently concluded that $100 is sufficient consideration for the execution of a mid-employment non-compete. Employment Staffing Group v. Little, 777 S.E.2d 309 (N.C. Ct. App. 2015). Monica...more
A lawsuit asserting intellectual property claims and violations of a non-competition and non-solicitation agreement played a dominant role in the second season of HBO’s comedy “Silicon Valley.” Throughout the season, it was...more
The recent 12th Annual State of the Research Triangle Region event highlighted the innovation economy in North Carolina and particularly the Research Triangle area as a “smart region.”...more
Employers regularly report that they are not convinced of the utility of non-compete agreements because “courts don’t enforce them.” Their distrust is well-earned because judicial opinions often state that non-compete...more