News & Analysis as of September 22, 2024

Non-Compete Agreements › Employee Rights

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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 -

2024 Employment Law Updates: Discussing FTC, NLRB, and Pay Equity Matters

DarrowEverett LLP on 8/7/2024

As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more

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

Seyfarth Shaw LLP on 7/19/2024

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

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on 7/16/2024

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on 6/21/2024

Hot off the press – here is Littler’s mid-year report! As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Top 10 Legal Challenges for Employers

ArentFox Schiff on 4/23/2024

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on 4/12/2024

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

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

Epstein Becker & Green on 3/19/2024

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

New York Legislators Have Been Busy: Employers Beware

Tarter Krinsky & Drogin LLP on 2/1/2024

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more

New Year Employment Law Developments: Key Changes for New York Employers

Lowenstein Sandler LLP on 1/4/2024

Ringing in the new year means a host of new employment laws that are now effective and on the horizon for New York employers. With the state very busy at year-end, employers should take note of new laws impacting the...more

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Spilman Thomas & Battle, PLLC on 12/21/2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

The NLRB on What Employers Get Wrong

Ward and Smith, P.A. on 12/18/2023

At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and X. Lightfoot, interviewed Shannon Meares, a regional attorney with the National Labor...more

Handbook Changes Needed for 2024

Stradling Yocca Carlson & Rauth on 12/7/2023

California enacted several bills that require changes to Employee Handbooks before the end of the year. The areas which may require revision include...more

NLRB Makes Good on Its Promise to Challenge Non-Competes

Kohrman Jackson & Krantz LLP on 11/27/2023

In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of...more

California's New Employment Laws: Get Ready for 2024

Davis Wright Tremaine LLP on 10/31/2023

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Calling all California Employers! The Latest Employment Laws from the Golden State

Littler on 10/27/2023

California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

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

A&O Shearman on 9/8/2023

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

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

The NLRB Recently Takes Bold Action

Manatt, Phelps & Phillips, LLP on 6/29/2023

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo released a memorandum taking a strong position against the use of noncompete provisions in employment contracts, stating that such provisions generally violate the...more

New York State Legislature Passes Prohibition on Employer Noncompete Agreements

Morgan Lewis on 6/23/2023

At the conclusion of the 2023 New York legislative session, the New York State Senate and Assembly passed a bill that, if signed by New York Governor Kathy Hochul, will prohibit employers from entering agreements that...more

Confidentiality, Non-Solicitation, and Non-Competes: The NLRB Takes Another Swing at Contractual Relationships

Dentons on 6/16/2023

As discussed in prior Iowa Employment Law Insights articles, the National Labor Relations Board (NLRB) in McLaren Macomb addressed issues of the rights of employees to organize under Section 7, fundamentally limiting...more

National Labor Relations Board (NLRB) General Counsel Tackles Non-Compete Agreements

White and Williams LLP on 6/15/2023

The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National...more

NLRB General Counsel Weighs in Against Non-Competes

Bowditch & Dewey on 6/15/2023

On the heels of the FTC’s proposed rule to ban non-compete agreements, (which remains pending), the NLRB General Counsel has decided to get in on the anti-noncompete action. The General Counsel released a memo on May 30...more

The NLRB Strikes Again, this Time It’s Noncompete Agreements

Stradling Yocca Carlson & Rauth on 6/7/2023

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...more

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

Steptoe & Johnson PLLC on 6/5/2023

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

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Non-Compete Agreements › Employee Rights

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