Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20. The Federal Trade Commission’s (FTC) final non-compete rule, which seeks...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission (FTC) by a vote of 3-2 approved and issued its final rule that effectively bans employers’ use of all non-compete agreements (with very limited exceptions). The final rule is...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
I. Introduction -
A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT -
Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more
In the last 10 years, states across the country have passed measures imposing new requirements and restrictions on employers wishing to use non-compete agreements with their workforces. In 2016, Illinois enacted the Freedom...more
On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more
Workforce reductions, whether in the form of hours reductions, furloughs, or layoffs, are often a last resort for employers experiencing financial pressures. Nevertheless, when these actions are necessary, time typically is...more
In recent weeks, Maine and New Hampshire each enacted a law prohibiting the use of noncompete agreements with lower wage earners. Shortly thereafter, on July 11, 2019, the Rhode Island legislature sent a similar bill to...more
7/16/2019
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Pending Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
7/12/2019
/ #MeToo ,
Antitrust Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Rest and Meal Break ,
Section 7 ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
White-Collar Exemptions ,
Workplace Safety
This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more
1/30/2019
/ Consent Decrees ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Regulatory Agenda ,
Settlement Negotiations ,
Subpoenas ,
Wage and Hour
It is well-established that restrictive covenants are prohibited by statute in California. Since the decision by the California Supreme Court that partial restraints like customer non-solicitation clauses were void under...more
The recently-enacted Massachusetts Noncompetition Agreement Act (“Act”) provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018. ...more
After years of negotiation, on July 31, 2018, the Massachusetts legislature finally was able to pass legislation that, if signed by Governor Charlie Baker, would significantly limit the enforceability of noncompetition...more
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
2/27/2017
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Class Action ,
Compensation & Benefits ,
Conciliation ,
Corporate Counsel ,
Disability ,
Discovery ,
Discrimination ,
EEO-1 ,
Employee Benefits ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
GINA ,
Harassment ,
Hiring & Firing ,
Human Trafficking ,
Injunctive Relief ,
LGBTQ ,
Medical Records ,
National Origin Discrimination ,
Pay Gap ,
Race Discrimination ,
Recruitment Policies ,
Regulatory Oversight ,
Retaliation ,
Retirement ,
Settlement ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Small Business ,
Technology ,
Title VII ,
Transgender ,
Transparency ,
Voir Dire ,
Wages ,
Wellness Programs
Yesterday, Massachusetts woke up to what is becoming a regular occurrence: the legislature was unable to pass a bill limiting the use of non-competition agreements in the Commonwealth, although it came the closest it has in...more
Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
4/12/2016
/ Antitrust Provisions ,
Ban the Box ,
Corporate Restructuring ,
Discrimination ,
False Claims Act (FCA) ,
Federal Contractors ,
Harassment ,
Health Care Providers ,
Hiring & Firing ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
1/13/2016
/ Americans with Disabilities Act (ADA) ,
Annual Reports ,
Class Action ,
Corporate Counsel ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Hiring & Firing ,
Pregnancy Discrimination ,
Religious Discrimination ,
Wage and Hour ,
Wellness Programs ,
Young Lawyers
On July 14, 2015, the U.S. Court of Appeals for the Seventh Circuit decided Instant Technology, LLC v. DeFazio. The decision was widely expected to address the current split in the Northern District of Illinois on whether two...more
In This Issue:
- INTRODUCTION
..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015
..A. Key Statistics
...more
1/5/2015
/ Access To Justice ,
Americans with Disabilities Act (ADA) ,
Conciliation ,
Discrimination ,
Enforcement Statistics ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
PDA ,
Popular ,
Pregnancy Discrimination ,
Sexual Orientation Discrimination ,
Strategic Enforcement Plan ,
Wage and Hour