With the Federal Trade Commission’s Noncompete ban essentially dead, state legislatures, as expected, are taking restrictive covenant lawmaking into their own hands....more
On July 17, 2024, Governor Josh Shapiro approved Pennsylvania’s first statute imposing limitations on the use of noncompetes in the state....more
7/23/2024
/ Employer Liability Issues ,
Employment Contract ,
Healthcare ,
Healthcare Workers ,
Hiring & Firing ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Pennsylvania ,
Restrictive Covenants ,
State Labor Laws
Washington State is making a few important amendments to its existing noncompete statute. The amendments go into effect on June 6, 2024....more
Last summer, the New York State legislature made waves when it passed a bill that effectively would have banned noncompete agreements. New York’s Governor vetoed that bill in late December 2023. This year, however, it is...more
3/7/2024
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
2023 started off with a bang, and it is certainly not ending with a whimper. On January 4, 2023, the Federal Trade Commission (FTC) announced the settlement of two enforcement actions against employers arising out of their...more
12/27/2023
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
As we predicted when the New York legislature passed a bill that would ban noncompetes in the state without even an exception for the sale of a business, Governor Kathy Hochul has said that she wants changes to the bill –...more
11/30/2023
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
As we previously reported, Minnesota will soon become only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetes.
The state’s new law renders void and unenforceable all covenants not to...more
6/30/2023
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New Legislation ,
New Regulations ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
New York State’s noncompete ban has passed both houses of the state legislature and now awaits Governor Kathy Hochul’s signature.
Epstein Becker Green attorney David J. Clark details how this proposed ban would affect...more
Earlier yesterday (June 20, 2023) the New York State Assembly voted in favor of a noncompete ban that was passed by the New York State Senate on June 7. In previous posts here and here, we have discussed in detail this bill...more
On May 2, 2022, a bill “limiting certain provisions in restrictive covenants” was introduced in the New Jersey State Assembly. In recent years, similar bills have been proposed in various state legislatures. Some such...more
Employers, take note: certain amendments strengthening Oregon’s existing statutory restrictions on non-compete agreements, went into effect on January 1, 2022 – as previewed in our previous blog post. Coupled with existing...more
As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to...more
11/25/2019
/ Arbitration Agreements ,
Attorney-Client Privilege ,
Drug Testing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Internal Investigations ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
State Labor Laws
The 2019 legal landscape of employee mobility continues to evolve, at times drastically. Courts and legislatures are giving increased scrutiny to employers’ claims to protect the confidentiality of their trade secrets and...more
6/27/2019
/ Antitrust Violations ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
Non-Compete Agreements ,
Preemption ,
Restrictive Covenants ,
Sherman Act ,
State Labor Laws ,
Trade Secrets