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Consideration Hiring & Firing

Holland & Knight LLP

Illinois Bill Modifying Non-Competition Agreements Nears Enactment

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Illinois Gov. JB Pritzker is expected to soon sign into law a bill that will make significant changes to the Illinois Freedom to Work Act and affect the enforceability of employee non-competition provisions. The General...more

Holland & Hart - The Benefits Dial

Into the Mystic . . . Employee Benefit Considerations for Returning Workers

Many employers are venturing into uncharted waters as significant numbers of employees are being rehired or returning from extended leaves of absence (e.g., furloughed employees). In this environment, it can be easy to...more

Proskauer - Law and the Workplace

Nevada Codifies Amendments For Non-Competes and Other Forms of Restrictive Covenants – Adopts “Blue Pencil” Standard, Imposes...

Nevada’s Assembly Bill 276, which became effective on June 3, 2017 (the “NV Law”), articulates new rules and requirements for employee restrictive covenants, some of which fundamentally alter the State’s prior practices. The...more

Holland & Knight LLP

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

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New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Foley & Lardner LLP

How Weak Are Employee “Nondisclosure Agreements”? The Answer May Make You Gag

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We live in a world of “leaking” and threats of dire consequences for the leakers. Does an employer have the legal means to prevent disclosure of information acquired during employment? Likewise, can an employer seek legal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Noncompete Bill Advances, but Passage Remains Uncertain

In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running...more

Tucker Arensberg, P.C.

Getting Full Value out of Noncompete Agreements

Increasingly, companies are having employees sign noncompete and nonsolicitation agreements in order to protect the company, and its customer base, should the employee leave the company. These agreements are clearly...more

Nutter McClennen & Fish LLP

Massachusetts Federal Court Reaffirms That Continued Employment Constitutes Sufficient Consideration for Non-Compete

In American Well Corporation v. Obourn, Civil No. 15-12265-LTS, 2015 WL 7737328 (D. Mass. Dec. 1, 2015), Judge Sorokin of the United States District Court for the District of Massachusetts upheld a non-compete entered into...more

Dorsey & Whitney LLP

Washington Employers, Be Careful When Demanding Arbitration Agreements from Current Employees

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Yesterday, in case called Mayne v. Monaco Enterprises, Inc., a Washington Appellate Court struck down an arbitration clause because the employee faced immediate termination if he did not sign. The employee in this case had...more

Smith Anderson

Protecting Company Relationships and Information Upon an Employee Departure

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Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Parker Poe Adams & Bernstein LLP

NC Court of Appeals Finds $100 Adequate Consideration to Support Non-Compete

In North Carolina, an initial offer of employment serves as adequate legal consideration to support non-competition and non-solicitation restrictive covenants. However, once a person is already employed, the employer must pay...more

Seyfarth Shaw LLP

Is An Offer Of At-Will Employment Adequate Consideration For A Non-Compete? Recent Court Rulings Split Three Ways

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Three very recent decisions reflect the irreconcilable division of judicial authority regarding the adequacy of at-will employment as the sole consideration for an otherwise valid non-compete. Compare (a) Standard Register...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Tightens Restrictions on Noncompetition Agreements

Oregon strictly regulates the use of noncompetition agreements by statute, generally limiting them to (a) exempt employees earning more than the median income for a family of four (approximately $74,000 currently), and (b)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Orrick - Employment Law and Litigation

Post Termination Restrictions: Always Consider Consideration

The recent case of Re-Use Collections Ltd v Sendall [2014] EWHC 3852 (QB) is a timely reminder to employers everywhere of the importance of providing meaningful consideration when attempting to tie-up existing employees with...more

Levenfeld Pearlstein, LLC

The Courts Continue to Debate Restrictive Covenant Enforcement in Illinois – UPDATED 2/20

From time to time, other attorneys with our firm will contribute blog posts on items that may be of interest to members of the labor and employment law community. Today, we are fortunate to have a post contributed by Jason...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Baker Donelson

An Overview of Tennessee Law Regarding Non-Competition Agreements

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Often employers invest significant resources in training and developing employees. Prudent employers recognize that, as unfortunate as it may be, employment relationships do not always go as planned. These employers might...more

McNees Wallace & Nurick LLC

Employers Must Provide "Valuable Consideration" To Current Employees When Entering A Non-Compete Agreement During Employment

In a case of first impression for the appellate courts of this Commonwealth, the Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. that language contained in an employment agreement...more

Epstein Becker & Green

Act Now Advisory: Since Fifield Is Not Going Away Any Time Soon, Illinois Employers Should Consider Revising the Consideration...

In June 2013, the Illinois Appellate Court for the First District (i.e., Cook County) held that, absent other consideration, two years of employment is required for a restrictive covenant to be deemed supported by adequate...more

McNees Wallace & Nurick LLC

You've Got The Job, Details Will Follow - Employment Offer Letters & Non-Compete Agreements

In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more

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