News & Analysis as of

Contract Terms Labor Regulations

Morgan Lewis

One Year Out from World Cup 2026: Key Considerations

Morgan Lewis on

As organizations prepare for the 2026 Men’s World Cup, co-hosted across 16 North American cities, it is vital for such entities to begin weighing several key considerations to ensure a successful and compliant event. This...more

Mintz - Employment Viewpoints

Attention Ontario Employers: Ontario Court of Appeal Upholds ESA Termination Clause in Bertsch v Datastealth Inc.

In a rare but significant “win” for employers, the Ontario Court of Appeal confirmed that an employer can enforce a termination provision limiting an employee’s entitlements strictly to the minimum standards under the...more

Ius Laboris

South Korean Supreme Court Upholds ‘Payment Date’ Requirements

Ius Laboris on

The South Korean Supreme Court recently ruled that bonus payment can be conditioned on the employee remaining employed on the payment date, resolving an issue that had been left unclear in a prior decision. ...more

JAMS

Global Perspectives on Employment Litigation: Part 2

JAMS on

Globalization continues to transform workplaces into vibrant intersections of cultures and practices. Yet with this richness comes complexity: Cross-cultural misunderstandings can easily escalate into disputes when legal...more

Bennett Jones LLP

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

Bennett Jones LLP on

Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

King & Spalding

VSOPs – the End of Bad Leaver Clauses in Germany?

King & Spalding on

Virtual Stock Option Plans (VSOPs) are a common tool used by companies to incentivize employees by linking part of their compensation to the company’s long-term success. Unlike traditional stock options, VSOPs do not grant...more

A&O Shearman

FTC Says (Almost) No More Employee Non-Competes

A&O Shearman on

On April 23, 2024, the Federal Trade Commission (“FTC”) issued the Non-Compete Clause Rule (“Final Rule”). Under the Final Rule, after the effective date (120 days from publication in the Federal Register), almost all...more

Cranfill Sumner LLP

Common but Tricky Employee-Focused Issues in Written Employment Agreements

Cranfill Sumner LLP on

Not every employee is asked to sign a written employment agreement. Most, in fact, are not. But for the (relative) few who will sign a written agreement of employment, here is a look at three tricky and often overlooked...more

Wilson Sonsini Goodrich & Rosati

California Extends Prohibition on Noncompete Agreements

California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more

CDF Labor Law LLP

Flowers, Chocolates, or Notice of Noncompete Agreement?

CDF Labor Law LLP on

Many people are contemplating what to give their Valentine in a couple of weeks.   However, California employers that employed California persons under an agreement with a noncompete clause “no matter how narrowly...more

Allen Matkins

Will California's New Statute Invalidating Non-Compete Agreements Be Subject To Constitutional Challenge?

Allen Matkins on

Article I, Section 10 of the United States Constitution prohibits a state from passing any law impairing the obligation of contracts.  A similar prohibition is found in Article 1, Section 9 of the California Constitution. ...more

Sheppard Mullin Richter & Hampton LLP

Time for Employers to Modify Minnesota Protective Covenant Templates

For those employers who have not yet modified their Minnesota employment and non-compete templates, the time is now. Pursuant to MN SF 3035, as of July 1, 2023, Minnesota employers are prohibited from entering into...more

CDF Labor Law LLP

FTC Waging War on Non-Compete Restrictions in Employment

CDF Labor Law LLP on

The Federal Trade Commission (FTC) proposed new Federal regulations to ban non-compete clauses from employment agreements nationwide. The ban will include non-solicitation and other restrictions that are currently designed to...more

Genova Burns LLC

Federal Trade Commission Proposes Banning Noncompete Clauses

Genova Burns LLC on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a radical and unprecedented rule that would prohibit employers from entering noncompete clauses with their workers. This follows the initiation of a landmark FTC...more

FordHarrison

Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements

FordHarrison on

D.C. Noncompete Ban, Years in the Making: On January 25, 2021, FordHarrison published a Legal Alert indicating that Washington, D.C. would soon implement a ban on noncompete agreements. As noted, the Ban on Non-Compete...more

Nelson Mullins Riley & Scarborough LLP

New Law Changes Non-Compete Landscape for D.C. Employers

The long-awaited Washington, D.C. non-compete and anti-moonlighting law finally went into effect on Oct. 1, 2022. At the end of 2020, the Washington, D.C. Council passed the Ban on Non-Compete Agreements Amendment Act of...more

FordHarrison

Third Circuit Rules That Arbitration Agreements in CBAs Without Durational Clauses do not Survive the Expiration of the CBAs

FordHarrison on

Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co....more

Hogan Lovells

Vertragsgestaltung im Arbeitsrecht – Formerfordernisse vor und nach der Reform des Nachweisgesetzes

Hogan Lovells on

Arbeitsverträge unterliegen keinem Formerfordernis? Bezogen auf unbefristete Arbeitsverträge ist das grundsätzlich richtig. Dennoch werden Arbeitsverträge regelmäßig noch mit handschriftlichen Unterschriften versehen, um den...more

Polsinelli

USDA Seeks to Revive “Blacklist” Rule Requiring Contractors to Certify Labor Violations

Polsinelli on

On February 17, 2022, the United States Department of Agriculture (USDA) published a Notice of Proposed Rulemaking updating USDA’s Agriculture Acquisition Regulation (AGAR), the agency’s counterpart to the Federal Acquisition...more

Nelson Mullins Riley & Scarborough LLP

EMPLOYER ALERT – Senate Clears Way for Major Shift in Banning Arbitration Agreements and Class Waivers for Workplace Sexual...

On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445).  President Biden is expected to sign the bill into law shortly.  ...more

Kohrman Jackson & Krantz LLP

Ohio Appeals Court Affirms Modification Of Doctor’s Non-compete Agreement

One of Ohio’s most influential appeals courts has affirmed the power of courts to modify non-compete agreements (here, a physician’s employment contract) to strike the right balance between employers’ interests in protecting...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

FordHarrison

Non-Compete News: Georgia Courts Cannot Extend Non-Compete Beyond Its Terms

FordHarrison on

The more things change, the more they stay the same.  That adage is apparent in Georgia’s non-compete law, which had a major overhaul in May 2011, when Georgia’s Restrictive Covenant Act (RCA) became effective. The RCA...more

Proskauer - Law and the Workplace

[Podcast]: Ban on Non-Compete Agreements Amendments Act of 2020

Tune in as we discuss “The Ban on Non-Compete Agreements Amendment Act of 2020,” a law that is set to take effect in our nation’s capital in 2022. The law essentially bans all employers from entering into any agreements that...more

Proskauer Rose LLP

What Forced Arbitration Ruling Means For Calif. Employers

Proskauer Rose LLP on

On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more

74 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide