Florida just enacted a new law that seals its status as the most enforcement-friendly state in the country for non-compete and garden leave agreements. The “Florida Contracts Honoring Opportunity, Investment, Confidentiality,...more
7/10/2025
/ Confidential Information ,
Covered Employees ,
Employment Contract ,
Florida ,
Garden Leave ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
State Labor Laws
Florida just enacted a game-changer of a law that makes it the friendliest state in the country for enforcing non-competes – and could also revolutionize how tech companies view the Sunshine State as a place to set up...more
7/8/2025
/ Business Formation ,
Employment Contract ,
Florida ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
State Labor Laws ,
Technology Sector ,
Trade Secrets ,
Unfair Competition
Florida has long been where people go to unwind – and soon it will also be a place where businesses can operate with more peace of mind, thanks to a new law that will make it the most enforcement-friendly state in the country...more
In a first-of-its-kind decision, the Washington Supreme Court took aim at the ability of employers to prevent low wage employees in the state from “moonlighting” or otherwise supplementing their income during their...more
2/18/2025
/ Duty of Loyalty ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Low-Wage Workers ,
Moonlighting ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
WA Supreme Court ,
Washington
California is well-known for prohibiting most non-compete agreements in the employment context, but the state took things to the next level a year ago. On January 1, 2024, California introduced a new statute that makes...more
“Magic words,” “TRAPs,” and the federal non-compete ban rising from the dead? October had several spooky developments in restrictive covenant law, but no need to be frightened! We’ve got you covered with updates, insights,...more
11/1/2024
/ Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Inevitable Disclosure Doctrine ,
Misappropriation ,
NLRB General Counsel ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Unfair Competition
The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more
10/23/2024
/ Appeals ,
Arbitrary and Capricious ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Lack of Authority ,
Non-Compete Agreements ,
Non-Delegation Doctrine ,
Restrictive Covenants ,
Retroactive Application ,
Split of Authority ,
Statutory Authority ,
Unfair Competition ,
Vacatur
The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also...more
You probably know the federal non-compete ban is on ice for now – but that doesn’t mean employers are free to use non-competes indiscriminately. What remains in the wake of the FTC’s ban is a highly complex, constantly...more
A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more
8/21/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
A Florida federal court became the second court in the nation Wednesday to rule that the Federal Trade Commission’s proposed ban on most non-compete agreements cannot be enforced. Chief Judge Timothy Corrigan, from the Middle...more
Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more
8/5/2024
/ Covered Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Healthcare Workers ,
Hiring & Firing ,
New Regulations ,
NLRA ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Unfair Competition
A Pennsylvania federal judge has just declined to issue an order to preliminarily block the FTC’s non-compete ban ahead of its September 4 effective date. The court rejected the employer’s argument that the rule is an...more
A Texas federal judge temporarily blocked the Federal Trade Commission from enforcing its final rule banning essentially all non-compete agreements – but the July 3 ruling only applies to the five entities in the suit. For...more