Employers can expect a number of employment law changes under Donald Trump’s second term. While certainly difficult to predict, below is a guide to key anticipated changes, including leadership changes at federal agencies,...more
1/13/2025
/ Affirmative Action ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
Trump Administration
Additional Important Updates on the FTC’s Non-Compete Ban August.21.2024 The Rule is Blocked Nationwide: On August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. FTC, granted...more
The Rule is Blocked Nationwide: On August 20, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. FTC, granted Plaintiff-Intervenors’ motion for summary judgment, holding that the FTC’s...more
Decision in ATS Tree Services: On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services v. FTC denied the plaintiff’s motion for a preliminary injunction seeking a nationwide...more
Additional Important Updates on the FTC’s Non-Compete Ban Decision in Ryan LLC: On July 3, the U.S. District Court for the Eastern District of Texas in Ryan, LLC v. FTC, issued a preliminary injunction staying the effective...more
In a novel and sweeping act of substantive rulemaking, the U.S. Federal Trade Commission (FTC) determined that non-compete agreements between employers and workers constitute an “unfair method of competition” prohibited under...more
Legislators in New York have passed a bill that would prohibit non-compete agreements. Governor Kathy Hochul has expressed support for “banning agreements that limit workers’ ability to move and work freely,” but it is...more
We are seeing a steep increase in restrictive covenants legislation across the country with laws and enforceability widely varied from state to state. So how do companies that have seen their workforce distributed in more...more
On July 9, 2021, President Biden signed an “Executive Order on Promoting Competition in the American Economy”, which encouraged the Federal Trade Commission (the “FTC”) to “exercise the FTC’s statutory rulemaking authority...more
As reported by Trade Secrets Watch last month, several states (including Maryland, Maine, New Hampshire, and Rhode Island) recently passed legislation curtailing the use of non-compete agreements. Now, the federal government...more
Earlier this year, Washington adopted a new law—Engrossed Substitute House Bill 1450—that places significant restrictions on the enforceability of non-competition agreements. The law applies to “every written or oral...more
8/2/2019
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Franchises ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Unenforceable Contract Terms ,
Venue
After a weeklong June trial, a Texas federal jury awarded Six Dimensions, Inc. (“Six Dimensions”), a digital marketing firm, $287,000 for its breach-of-contract claim against its former employee but rejected its behemoth $50...more
Employers in many industries use non-compete agreements as a key tool to protect trade secrets. According to U.S. Treasury reports, non-compete agreements impact approximately 30 million – nearly one in five – U.S. workers,...more
Just two days after TSW’s inaugural post, we brought you news of Texas becoming the 48th state to enact some form of the Uniform Trade Secrets Act (UTSA)....more
Non-compete agreements have long been used by employers as an effective tool to protect their valuable trade secrets and confidential information. However, employers’ overuse of non-compete agreements and employers’ practice...more
9/16/2016
/ Employer Liability Issues ,
Employment Contract ,
Fast-Food Industry ,
Freedom To Work Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Low-Wage Workers ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Restaurant Industry ,
Restrictive Covenants ,
Trade Secrets ,
Unconscionable Contracts ,
Wage and Hour
The start of a new year is a perfect opportunity to set lofty goals of self-improvement. While the odds of completing a New Year’s resolution aren’t exactly inspiring (over half are expected to fail within six months) studies...more
In the decades since Post v. Merrill Lynch, Pierce, Fenner & Smith, 48 N.Y.2d 84 (1979), in which the New York Court of Appeals concluded it would be unreasonable to enforce a non-competition agreement requiring forfeiture of...more
In a succinct opinion issued on November 26, 2012, the Supreme Court delivered a stern warning to state courts that fail to enforce arbitration clauses accompanying noncompetition agreements....more