Recent legal developments may doom the Federal Trade Commission (FTC) Noncompete Rule (the “Rule” or the “Noncompete Rule”). The recent Supreme Court decision in Loper Bright Enterprises v. Raimondo has significant...more
On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ 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
As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years.
Our last...more
The legal profession reigns as the primary protector of client choice. No other profession — including doctors and accountants — protect the client’s choice of advisor as rigorously as legal governing bodies, with restrictive...more
Employees are more likely to explore new employment options as the end of the year draws near. But, employee mobility can be hindered by non-solicit, non-hire and confidentiality agreements. In addition, a recent trend in...more
11/8/2022
/ Compensation ,
Confidentiality Agreements ,
Department of Justice (DOJ) ,
Employee Mobility ,
Employee Retention ,
NLRB ,
No-Poaching ,
Non-Compete Agreements ,
Pay Transparency ,
Trade Secrets ,
Wage and Hour
In the movie classic "Good Will Hunting," the interviewers are shocked and dismayed when Ben Affleck's character appears at an interview intended for Matt Damon's character.
Based on Damon's resume and other...more
In the movie classic “Good Will Hunting,” the interviewers are shocked and dismayed when Ben Affleck’s character appears at an interview intended for Matt Damon’s character. Based on Damon’s resume and other conversations,...more
In keeping with the national trend of aggressively pursuing limitations on or prohibitions against non-competition agreements, the State of Colorado recently enacted first-of-its-kind criminal penalties for employers seeking...more
Texas has taken aim at sexual harassment in the workplace. In a bold move by the Texas legislature, a new sexual harassment law (effective September 1, 2021) expands the definition of sexual harassment, heightens the...more
A number of states and municipalities have passed laws restricting or banning noncompetes in recent years. For instance, employee noncompetes are prohibited in California and, in Washington, D.C., were banned as of March 15,...more
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
LMRA ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
One of the most pressing questions regarding COVID-19 vaccines is whether employers may require employees to be vaccinated. Employees are understandably anxious and employers have not yet received much information from the...more
In the movie “Snowden,” the audience watches anxiously as Edward Snowden downloads millions of files in a matter of minutes and then walks out of an NSA facility with the thumb drive hidden in a Rubik’s cube. How much more...more
With numerous furloughs and layoffs occurring around the country because of COVID-19 fallout, employers may have the ability to avoid cumbersome WARN Act notice requirements.
Specifically, if employers furlough employees...more
4/14/2020
/ Best Practices ,
Business Continuity Plans ,
Business Expenses ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Furloughs ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Notifications ,
Policies and Procedures ,
Public Health ,
Risk Management ,
State and Local Government ,
Telecommuting ,
Wage and Hour ,
WARN Act ,
Work Schedules
Did you know that employers can be sued in Michigan for height discrimination? Or that in Maine, starting in 2021, employees can take paid time off for any reason at all? States and cities have followed California’s lead in...more
In what has become an all-too-familiar headline, an individual who had recently been terminated from his job is responsible for the deaths of seven innocent victims and injury to over a dozen more. Over Labor Day weekend in...more
Employers requiring lower-wage employees to sign and abide by non-competition and non-solicitation of clients provisions may want to find another mechanism to protect business goodwill and confidential information. Courts...more
Earlier this year, the city of Austin became the first Texas city to join the growing number of localities throughout the nation passing legislation requiring employers to provide paid sick leave to their...more
11/26/2018
/ Earned Sick Time ,
Employer Liability Issues ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Preemption ,
Safe Leave ,
Sick Leave ,
Sick Pay ,
State Labor Laws ,
Texas ,
Wage and Hour