News & Analysis as of May 18, 2025

Fair Labor Standards Act (FLSA)

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

New Amendment Further Restricts Non-Competes in Virginia

Williams Mullen on 4/29/2025

Beginning on July 1, 2025, Virginia’s existing non-compete statute, Va. Code § 40.1-28.7:8, will be expanded to prohibit post-employment non-compete agreements and certain non-solicitation covenants with any non-exempt...more

Rhode Island Nondisclosure Agreements Bill Moves to Governor; Senate Passes New Noncompete Ban

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/27/2023

The Rhode Island legislature recently moved two bills forward that would limit employers’ use of restrictive covenants with employees. On June 19, 2023, the Rhode Island House of Representatives passed a bill, Senate Bill (S)...more

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on 11/19/2021

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

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison on 2/26/2020

Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more

Are You in Compliance? Rhode Island and New Hampshire Restrict Noncompetition Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/11/2019

As 2020 approaches, employers in New England may want to review their noncompetition agreements to determine whether they comply with recently enacted laws in Rhode Island and New Hampshire. In 2019, both states passed laws...more

Rhode Island Joins the Fray, Passing Legislation that Restricts the Use of Non-Compete Agreements for Certain Low-Wage Workers

Seyfarth Shaw LLP on 11/6/2019

Following in the footsteps of its neighbors Maine, Massachusetts, and New Hampshire, Rhode Island recently enacted legislation that restricts the use of non-competition agreements with certain types of employees. The Rhode...more

Rhode Island Follows in Massachusetts’ Footsteps with Non-Competition Legislation

Nutter McClennen & Fish LLP on 11/4/2019

As we previously reported in the context of low-wage workers, Rhode Island recently passed the Rhode Island Noncompetition Agreement Act, which will be effective January 2020. This legislation extends protections far beyond...more

Is It Time to Reconsider Your Non-Compete Policy? It Might Be If You Employ Low-Wage Workers

Seyfarth Shaw LLP on 10/18/2019

Over the course of the past several years, several states have banned or severely restricted the ability of businesses to bind low-wage workers to post-employment restrictive covenants. Since 2007, Oregon has banned...more

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Non-Compete Agreements › Contract Terms › Fair Labor Standards Act (FLSA)

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