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Employer Liability Issues Restrictive Covenants Employee Rights

Jenner & Block

Delaware Supreme Court Reaffirms Reluctance to Blue-Pencil Overbroad Restrictive Covenants in Sunder v. Jackson

Jenner & Block on

The Delaware Supreme Court’s decision in Sunder Energy, LLV v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (December 10, 2024) reaffirmed the courts’ limited willingness to modify or “blue-pencil” overbroad restrictive...more

Sheppard Mullin Richter & Hampton LLP

New York Legislature Proposes New Bill Banning Non-Compete Agreements

The New York Legislature is set to make another attempt to ban non-competes for all but highly compensated individuals. At the end of the 2023 legislative session, the New York Legislature passed a bill that would have banned...more

Bennett Jones LLP

BC Court of Appeal Confirms “No hire” Clause Not Intended to Injure Employees

Bennett Jones LLP on

In Latifi v The TDL Group Corp., 2025 BCCA 45, (Latifi) the BC Court of Appeal upheld the summary dismissal of a proposed class action against the Tim Hortons franchisor in Canada. The underlying dispute between the...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

Maynard Nexsen on

On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

McGlinchey Stafford on

The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Dinsmore & Shohl LLP

Significant Non-Compete Restrictions May Be Coming to the Buckeye State

Dinsmore & Shohl LLP on

Ohio may be the next state to place restrictions on non-competition provisions in employment agreements for employers, including healthcare providers. Ohio Senators Bill Blessing (R-Colerain Township) and Bill DeMora...more

Dorsey & Whitney LLP

Washington Employers Must Be Careful about Which Employees are Required to Enter into Non-Compete Agreements

Dorsey & Whitney LLP on

On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more

Hendershot Cowart P.C.

Legal Alternatives to Breaking a Non-Compete Agreement in Texas

Hendershot Cowart P.C. on

Many employees feel trapped by non-compete agreements, but there are legal ways to handle these restrictive employment agreements. Before risking legal action by breaking your agreement, consider these alternatives....more

Clark Hill PLC

Washington Supreme Court Says Employers May Not Unreasonably Restrain Employees From Working for Competitors

Clark Hill PLC on

In a case of first impression, the Washington Supreme Court interpreted Washington law regarding noncompete agreements to broadly protect employees who earn less than twice the state minimum wage from unreasonable...more

Venable LLP

Antitrust in the Workplace: DOJ and FTC Issue Guidelines for Business Activities Affecting Workers

Venable LLP on

On January 16, 2025, the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued new guidance for employment practices that impact workers. ...more

Ius Laboris

‘Improvement in Position’ Cuts Both Ways in Non-Compete Clauses

Ius Laboris on

When it comes to enforceability of a non-compete clause, the prospect of a raise for the employee can in some instances be an argument in favour of the employer....more

DLA Piper

Be Global: Employment Law in 5 - October 2024

DLA Piper on

5 developments to read for October in less than 5 minutes - Prepare: Extensive overhaul of UK workers' rights - The UK government published its Employment Rights Bill 2024. The Bill contains 28 new measures, many of which...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Epstein Becker & Green

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

Epstein Becker & Green on

On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

A&O Shearman

New Rules Highlight the Need to Review Employee Forms and Policies

A&O Shearman on

For many companies, the use of “form” employee documents is an efficient practice that ensures consistent treatment. That said, reliance on forms can often breed complacency. In this new year, companies should consider a...more

A&O Shearman

New Seventh Circuit Decision Brings Increased Risk for No-Hire and Non-Solicitation Clauses

A&O Shearman on

On August 25, 2023, in Deslandes v. McDonald’s, the Seventh Circuit Court of Appeals vacated and remanded a district court’s dismissal of an antitrust case that challenged no-hire and non-solicitation clauses in McDonald’s...more

Fisher Phillips

Contracts, Discrimination, and Pay, Oh My! A Slew of Employment Protection Bills Head to New York Governor’s Desk

Fisher Phillips on

New York state lawmakers passed a flurry of employment-related bills in the final weeks of the legislative session. The bills – which now head to Governor Hochul’s desk for consideration – aim to provide workers in the state...more

Brownstein Hyatt Farber Schreck

Aug. 10 Arrival: Colorado’s Non-compete Changes Are Effective

Effective today, Aug. 10, 2022, the Colorado Legislature’s significant changes to the state’s noncompetition and restrictive covenants statute become effective. The Restrictive Employments Agreement Act (“Act”) (HB 22-1317)...more

Hahn Loeser & Parks LLP

AMN Healthcare’s impact on the enforceability of non-solicitation provisions in California raises two new unanswered questions

California Employee mobility and the right to compete are sacrosanct in California, and have been since its Legislature enacted section 16600 of the California Business and Professions Code, which voids “every contract by...more

Schwabe, Williamson & Wyatt PC

Oregon Employment Law Update: Summary & To Do List

Oregon passed several employment bills this year that will affect Oregon employers. The following article provides an update on the new laws and a list of tasks for Oregon employers to make sure that they are in compliance....more

Fisher Phillips

Web Exclusive: June 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Bradley Arant Boult Cummings LLP

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

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We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

Mintz - Employment, Labor & Benefits...

Can a Move to California Invalidate a Non-Compete?

It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract. We all know that California is finicky when it comes to non-competes – so much so that...more

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