Prior to the enactment of Georgia’s Restrictive Covenant Act (“GRCA”), Georgia courts uniformly struck down non-compete provisions that used “in any capacity language”, i.e., a non-compete that prohibited an employee from...more
As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more
5/8/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more
12/6/2023
/ Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
New Legislation ,
New York ,
Non-Disparagement Provisions ,
Retaliation ,
Separation Agreement ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law...more
These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new...more
1/18/2023
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Rates ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
Earlier this year, in Steuer v. Tomaras, et al., Georgia’s Statewide Business Court again refused to modify certain restrictive covenants that were missing a territory. Dr. Steuer, a former partner of the defendant doctors,...more
7/12/2022
/ Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Georgia ,
Hiring & Firing ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms ,
Void Contracts
As of January 6, 2020, New York employers are prohibited from inquiring about an applicant’s prior salary. The ban, codified as N.Y. Lab. Law § 194-a, was signed into law by New York Governor Andrew Cuomo on July 10, 2019,...more
1/10/2020
/ Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 3, 2019, New Mexico expanded the state’s “Ban the Box” law to include private employers. “Ban the Box” is a nationwide effort to eliminate the checkbox on employment applications inquiring into applicants’ criminal...more
Effective May 2011, Georgia’s Restrictive Covenants Act (RCA) represented a significant change to pre-existing Georgia law. Since then, however, very few courts have interpreted the RCA, leaving employers and practitioners...more