Over the last 18 months, no-poach provisions in franchise agreements have drawn considerable attention from academics, state attorneys general, politicians, and the class action plaintiffs’ bar. Originally published in...more
We recently wrote that the Department of Justice’s and the Federal Trade Commission’s announcements condemning no-poaching agreements have sparked civil class actions, including a putative class action against Jimmy John’s....more
In another example of a federal circuit court taking the National Labor Relations Board (NLRB) to task for stretching federal labor law past the point of recognition, the Eight Circuit Court of Appeals recently refused to...more
Can employees protest a company sick leave policy with an internet meme that suggests the company’s food is not safe? Not according to a recent Eighth Circuit decision. MikLin (doing business as Jimmy John’s in Minnesota)...more
Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more
On July 3, 2017, the Eighth Circuit overturned a National Labor Relations Board (the “Board”) decision finding that a Jimmy John’s franchisee, MikLin Enterprises, Inc. (“MikLin”) violated the National Labor Relations Act...more
On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more
The NLRB recently has upheld some of the most outrageous employee conduct because it viewed the conduct to be part and parcel of “protected, concerted activity”. An egregious example of this trend was the NLRB’s finding that...more
Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act, prohibiting private sector employers from requiring their “low-wage employees” to sign non-compete agreements. The Act takes effect on January 1,...more
As many TSW readers are aware, 2016 has been a big year for trade secret law, with both the United States and the European Union expanding trade secrets protections and increasing the uniformity of their laws. But as good as...more
Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court...more
The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more
Congress is getting into the non-compete business. Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity...more