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Unenforceable Contract Terms Contract Terms State Labor Laws

Marshall Dennehey

A Double Take: Workers’ Compensation Liens Render UIM Non-Duplication Clauses Unenforceable

Marshall Dennehey on

Key Points: Delaware Superior Court permits injured plaintiffs-employees to board medical bills and lost wages already paid by the workers’ compensation carrier in subsequent UIM claim related to the same incident, despite a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Federal Court Ruling Highlights a Potential Pitfall in Settlement Agreement Enforcement

On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

Lathrop GPM on

In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

Holland & Knight LLP on

For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more

BakerHostetler

Big Changes Coming to Colorado Noncompetition Law

BakerHostetler on

Colorado employers have less than two months to bring their noncompetition restrictions into compliance with HB22-1317, a bill passed by the Colorado Legislature in May 2022. HB22-1317, also known as the Restrictive...more

Kramer Levin Naftalis & Frankel LLP

Mark Your Calendars, New York Employers: A Look at the 2020 Effective Dates for Employment-Related Legislation

2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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

Sheppard Mullin Richter & Hampton LLP

Deputy Lawyer; WGA Tries Preemption Route in ATA Dispute

The ongoing dispute between the Writers’ Guild of America (“WGA”) and the Association of Talent Agencies (“ATA”) took a new turn recently when the WGA announced that it would use the authority granted to it under the National...more

Kramer Levin Naftalis & Frankel LLP

New Jersey Enacts Ban on Non-Disclosure Provisions in Settlement Agreements Addressing Claims of Discrimination, Retaliation and...

Common employer practices related to employee claims of discrimination, harassment and retaliation are now prohibited by law in New Jersey. Bill S121, signed into law by Governor Phil Murphy on March 18, 2019...more

Seyfarth Shaw LLP

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

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