On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Following the recent failed attempt at broadly banning non-compete agreements in New York statewide (discussed here), three new bills were just introduced to do the same, this time in New York City. The most comprehensive,...more
3/14/2024
/ Employer Liability Issues ,
Employment Contract ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws
Employers with Massachusetts-based employees know that the Massachusetts Wage Act (the “Wage Act”), with its strict liability and automatic treble damages and attorneys’ fees, is a powerful and exacting statute with which...more
Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more
12/20/2023
/ California ,
Employees ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Injunctive Relief ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Private Right of Action ,
Restrictive Covenants ,
Trade Secrets
New York has banned employers from requiring employees to assign inventions or other intellectual property that they develop using their own property and time. The bill is effective immediately and applies to both future...more
In the past several years, there has been significant movement in the non-competition space in a number of states (with change on the federal level potentially on the horizon). One such place with significant movement has...more