Last week, Senators Chris Murphy (D-CT) and Todd Young (R-IN) reintroduced the Workforce Mobility Act, which was previously considered by Congress in 2023. The reintroduction of the bi-partisan bill comes against the backdrop...more
On May 19, 2025, the New Jersey Legislature proposed a bill (S 4385) that would ban and retroactively eliminate all non-compete agreements, with a few limited exceptions. ...more
What should employers do when there is a dispute about the amount of commissions owed to an employee? Should the employer pay the undisputed amount, withhold the disputed amount, and then wait for a determination from the...more
On April 23, the FTC issued a final Rule banning non-compete agreements between employers and workers. The FTC Rule was scheduled to take effect on September 4, and plaintiffs in at least three litigations challenged the...more
On April 23, the FTC issued a Final Rule banning non-compete agreements, subject to a few exceptions. The Final Rule is scheduled to go into effect on September 4. ...more
In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more
5/21/2024
/ Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Harassment ,
NJ Supreme Court ,
Non-Disparagement Provisions ,
Public Policy ,
Retaliation ,
Settlement Agreements ,
Severance Agreements ,
Unenforceable Contract Terms
Following an Open Commission Meeting on April 23, 2024, the FTC issued a Final Rule rendering most non-compete agreements in the employer/employee context unenforceable. The Final Rule applies nationwide, to all employers...more
A common example of a non-compete restriction is a new CPA who signs such an agreement as part of his or her onboarding paperwork. Years later, the CPA considers moving to another firm, or opening their own firm, but that...more
9/6/2023
/ Contract Terms ,
Employment Contract ,
Enforceability ,
Federal Trade Commission (FTC) ,
Garden Leave ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Pending Legislation ,
Private Right of Action ,
Proposed Legislation ,
Proposed Rules ,
Restrictive Covenants
For CPAs, restrictive covenants — in the form of non-competition and non-solicitation agreements — are part of life. Most firms, and most CPAs, understand that these restrictive covenants are enforceable to varying degrees....more
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other directives, encourages the Federal Trade Commission (FTC) to exercise its statutory rulemaking...more