With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements.
On August 20,...more
9/11/2024
/ Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions.
The FTC Final Rule imposes a...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
On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more
Recently issued final rules impose additional restrictions including prohibitions on requiring independent contractors to waive certain rights.
The Freelance Isn’t Free Act is a recent New York City law that went into...more
8/5/2017
/ Anti-Retaliation Provisions ,
Classification ,
Contract Terms ,
Employer Liability Issues ,
Final Rules ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Resident Status ,
Waiver of Rights
In response to widespread employer concerns over ambiguities in New York City’s Earned Sick Time Act (“ESTA”), the New York City Department of Consumer Affairs (“DCA”) published its Final Rules regarding the ESTA on July 30,...more