News & Analysis as of

Non-Compete Agreements Labor Law Violations

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Epstein Becker & Green

Texas Court Shoots Down FTC Noncompete Ban Nationwide

Epstein Becker & Green on

Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Foley & Lardner LLP

States with Pending Legislation to Ban Employee Noncompetes: Maine Poised to be Next State to Enact a Ban

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As we continue to report, noncompete agreements are an area of ever-increasing scrutiny and limitation. Last year we wrote about states with civil and criminal penalties for violations of noncompete law, which is just one...more

Fox Rothschild LLP

Employers Have Until Feb. 14 to Notify California Employees of Unlawful Noncompetes

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California has no love for employers this Valentine’s Day. The deadline for employers to give their California employees who signed unlawful noncompetes written notice that the agreements or provisions are “void” is February...more

Buchalter

Coming In 2024: Proposed New Employment Laws Affecting California Employers

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As with every new year, California employers may face an abundance of new laws that will regulate the workplace in 2024. Governor Newsom has until October 14, 2023 to approve or veto the bills discussed below. Unless...more

Foley & Lardner LLP

States with Penalties for Non-Compete Law Violations

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In recent months, we have written quite a bit on the continuing trend to restrict employee non-compete agreements. For example, last month we reported on New York’s sweeping ban on non-competes, which was passed by the state...more

Morgan Lewis

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

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The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

Foley & Lardner LLP

NLRB General Counsel Says Non-Compete Agreements Usually Violate U.S. Labor Law

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The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more

Kilpatrick

NLRB General Counsel: Most Non-Compete Agreements Violate Federal Labor Law

Kilpatrick on

Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

McDermott Will & Emery

Colorado Continues to Whittle Away at Non-Compete Agreements

McDermott Will & Emery on

Effective August 10, 2022, Colorado’s laws governing restrictive covenants shall be amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees,...more

Foley & Lardner LLP

Colorado Joins Movement to Limit Non-Competes to High Earners

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Coming just a few months after criminalizing the enforcement of illegal non-competes , Colorado has placed further limitations on restrictive covenants. On May 10, 2022, the Colorado legislature passed HB22-1317, narrowing...more

Mintz

Labor Politics and Antitrust Enforcement in Labor Markets

Mintz on

The FTC and Antitrust Division held a workshop last week focused on labor issues, which superficially appears to be a continuation of the last Administration's policies. Since 2016 the agencies have warned the business...more

CDF Labor Law LLP

New Opinion Would Greatly Expand PAGA Litigation - But Will It Stand?

CDF Labor Law LLP on

Last week the California Court of Appeal, Fourth Appellate District, dropped a bombshell on employers by opining that an employee has standing to pursue PAGA penalties even if she only claims to have suffered a Labor Code...more

Epstein Becker & Green

[Webinar] New Virginia Employment Laws: What Employers Need to Know - June 16th, 12:30 pm - 1:30 pm ET

The employment law landscape in Virginia will undergo a seismic shift effective July 1, 2020. Since April 2020, Governor Ralph Northam has signed roughly two dozen bills into law that will significantly impact employers,...more

Schwabe, Williamson & Wyatt PC

Oregon Employment Law Update: Summary & To Do List

Oregon passed several employment bills this year that will affect Oregon employers. The following article provides an update on the new laws and a list of tasks for Oregon employers to make sure that they are in compliance....more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

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This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Littler

2017 Labor & Employment Laws: New Year, New Government, New Challenges

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On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

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