L. Anthony George on Non-Compete Agreements

FTC Bans Employee Noncompetes

On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward. The rule, which would create a new regulation...more

4/25/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants

New York Poised to Ban All Non-Competes

A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York. Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the...more

6/23/2023 / Contract Terms , Covered Employees , Effective Date , Employment Contract , Exceptions , Non-Compete Agreements , Pending Legislation , Restrictive Covenants , State Labor Laws

Under-Reasoned Overreach: The NLRB General Counsel’s Opinion on Employee Noncompetes

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more

6/6/2023 / Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Policy Memorandums , Section 7 , Unfair Labor Practices , Unions

What We Don’t Know: Ten Unanswered Questions Regarding Colorado’s Newly-Amended Noncompete Statute

Some of the changes imposed by the 2022 amendments to Colorado’s noncompete statute (C.R.S. §8-2-113) are clear and unambiguous. The amendments eliminated the former exception for management employees, imposed salary...more

12/2/2022 / Amended Legislation , Contract Terms , Employer Liability Issues , Employment Contract , Non-Compete Agreements , Penalties , Restrictive Covenants

Is Continued Employment Still Enough? Given Recent Amendments to Colorado Noncompete Statute, Continued At-Will Employment May no...

In Lucht's Concrete Pumping, Inc. v. Horner, 255 P.3d 1058 (Colo. 2011), the Colorado Supreme Court held that continued at-will employment provides sufficient consideration for a noncompetition covenant entered into after the...more

5/23/2022 / Amended Legislation , At-Will Employment , CO Supreme Court , Employment Contract , Non-Compete Agreements , Pending Legislation

Colorado Law May Govern Noncompete Despite Choice-Of-Law Provision

Colorado law is not particularly friendly to noncompete agreements. A Colorado statute prohibits all such agreements unless they fall within one of four specific exemptions....more

10/7/2021 / Breach of Contract , Choice-of-Law , Contract Terms , Employment Contract , Former Employee , Non-Compete Agreements , Restrictive Covenants

Want to Protect Your Trade Secrets? Update Your Employment Agreements!

Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets. In addition to injunctive...more

10/11/2019 / Contract Amendments , Defend Trade Secrets Act (DTSA) , Employment Contract , Former Employee , Intellectual Property Protection , Misappropriation , Non-Compete Agreements , Non-Disclosure Agreement , Pre-Employment Agreements , Trade Secrets , Whistleblower Protection Policies

States Continue to Revise Non-Compete Laws

Following the “Call to Action” that was issued by the White House and the U.S. Department of Treasury in October, 2016 concerning what the Obama Administration perceived as overuse of non-compete agreements, a number of...more

8/22/2018 / Employer Liability Issues , Employment Contract , New Regulations , Non-Compete Agreements , Restrictive Covenants

Other Perspectives on Trends in Employee Noncompetition Agreements

In mid-May, the New York Times published a long article reporting a national trend that employers are expanding both the number of employees who are required to sign non-competition agreements and the types of employees...more

7/25/2017 / Blue Pencil Contract Modification , Confidentiality Agreements , Employer Liability Issues , Non-Compete Agreements , Restrictive Covenants , Trade Secrets

L. Anthony George

BCLP

Popular Topics by This Author

Latest Posts › Non-Compete Agreements