News & Analysis as of

Proposed Rules State Labor Laws Employment Contract

Clark Hill PLC

New Jersey’s proposed Independent Contractor "ABC" Test – easy as 1, 2, 3?

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On April 3, the New Jersey Department of Labor and Workforce Development proposed new rules under the New Jersey Administrative Code (“N.J.A.C.”) Section 12:11, which are designed to clarify the application of the “ABC test.”...more

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

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The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Fox Rothschild LLP

NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

Fox Rothschild LLP on

The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Expected To Issue Final Rule Banning Many Noncompetes on April 23

On April 16, 2024, Federal Trade Commission (FTC) Chair Lina M. Khan announced that a special open commission meeting will be held virtually on Tuesday, April 23, 2024, at 2:00 p.m. Eastern Daylight Time, where the FTC is...more

Dorsey & Whitney LLP

Noncompete Agreements are Slowly Going Extinct in the U.S.

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Companies utilizing noncompete agreements in the U.S. in the employment context should reevaluate their practices in light of recent changes to law and a rapidly changing legal landscape that is growing increasingly hostile...more

Lewitt Hackman

California to Invalidate Out of State Non-Compete Agreements

Lewitt Hackman on

A new California law (Senate Bill 699) expands a prohibition on non-compete agreements beyond state lines. Current law (Business and Professions Code Section 16600), provides that every contract that restrains anyone...more

DarrowEverett LLP

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

DarrowEverett LLP on

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

Miles & Stockbridge P.C.

The ‘New California?’ New York State Poised to Ban Noncompete Agreements

The New York State Assembly, during a special legislative session last month, passed a bill that, if signed by the governor, will prohibit nearly all noncompete agreements for workers. With the passage of the bill, New York...more

McDermott Will & Emery

Minnesota Bans Noncompete Agreements with Limited Exceptions

McDermott Will & Emery on

Effective July 1, 2023, Minnesota will no longer allow covenants not to compete, with limited exceptions for the sale or dissolution of a business. The law is not retroactive, nor does it apply to nondisclosure agreements or...more

Conn Kavanaugh

How Will Proposed FTC Rule on Non-Compete Agreements Affect Your Business?

Conn Kavanaugh on

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

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Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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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

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