#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®
Exploring Employment Law Across Borders: Italy vs. US With White Lotus — Hiring to Firing Podcast
Employment Law Now VIII-150 - The FTC Noncompete Rule is Dead: What Now?
Current Executive Compensation Trends in Private Equity Transactions — Troutman Pepper Podcast
(Podcast) California Employment News: Court Ruling Halts FTC’s Non-Compete Ban – Implications for Employers
#WorkforceWednesday®: What the FTC Non-Compete Ban Block Means for Employers - Employment Law This Week®
PODCAST: Williams Mullen's Benefits Companion - Employment Law Edition: The Latest on Non-Competes and Independent Contractors
Employment Law Now VIII-146 - Latest Update on FTC Non-Compete Ban Plus 3 Summer Reminders for Employers
Urgent Action on Restrictive Covenants: Employers Must Prepare for FTC Rules
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers (Podcast)
JONES DAY PRESENTS®: Employer Options in a Non-Noncompete World
#WorkforceWednesday: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? - Spilling Secrets Podcast
California Employment News: Is The FTC Recent Rule on Non-Competes a New Reality for Reality Stars
California Employment News: Is The FTC Recent Rule on Non-Competes a New Reality for Reality Stars (Podcast)
AGG Talks: Cross-Border Business Podcast - Episode 13: Tips and Tricks for Foreign Investors Employing U.S. Personnel
The U.S. Chamber of Commerce Sues the FTC Over Power Grab
The FTC Issued a New Rule to Ban All New Noncompete Agreements
#WorkforceWednesday: FTC Nixes Non-Competes Nationwide—Now What? - Employment Law This Week® - Spilling Secrets Podcast
Fierce Competition Podcast | Understanding the FTC’s Landmark Ban on Noncompetes
As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more
It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more
Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...more
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more
Employers in Australia are facing the most comprehensive workplace relations reform in more than a decade and will need to ensure they update their policies and practices to account for key changes. Australia’s Fair Work Act...more
On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more
Common Law Term of Reasonable Notice Not Displaced by Statutory Minimum Notice Period - Precedential Decision by Judiciary or Regulatory Agency - In a recent decision, the Federal Circuit Court held that the common law...more
On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave...more
When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more
An enforceable restraint of trade can be a key business asset, giving an employer time to recover when a senior employee has left the business for a competitor. Like a good insurance policy, it’s a big relief to have it when...more
The new Australian Whistleblowing laws passed in Parliament on February 19, 2019, and will likely take effect in the next couple of months (July 2019) after it receives Royal Assent. The aim of the Whistleblower Act is to...more
The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements. The Development: Four class actions, which...more
This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more
It is common for employers to bring on employees for limited term employment, where work may not be ongoing. Traditionally, “outer limit” contracts have allowed for the employment to end on an agreed date without a...more
Yesterday, the Shadow Minister for Industrial Relations Brendan O’Connor foreshadowed amending the bargaining regime in the Fair Work Act to outlaw so-called “sham agreements”....more
What Rhymes with 1 July? Not 'employment contract audit', but maybe it should. 1 July is the date when a number of employment related thresholds are indexed which may affect employers' compliance with workplace laws in the...more
Over the last 40 years the Australian workforce has gradually become more and more mobile. Whilst employees may remain with the same group of employers, it is not unusual for employees to move between group companies and...more
Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more
Effective restraints of trade protect businesses which rely heavily on human capital from damage that sometimes can’t be undone. These restraints – usually sitting in an employment contract – can be a key business asset....more
Project contract goes out to tender. Contract is awarded. Contractor hires employees for contract work. Project comes to an end and contractor employees are terminated. It’s the circle of contractor life and a scenario we are...more
The High Court of Australia (High Court) has handed down a much anticipated decision in Commonwealth Bank of Australia v Barker [204] HCA32 (10 September 2014) with respect to the implied term of mutual trust and confidence...more