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
President-elect Donald Trump just announced that he plans to appoint current Commissioner Andrew Ferguson as the new Chair of the Federal Trade Commission (FTC) and will appoint Mark Meador to fill current Chair Lina Khan’s...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
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
Minnesota businesses, including staffing agencies, will no longer be able to enter into contracts that restrict their customers from hiring workers placed at their jobsites thanks to a new law taking effect on July 1. But the...more
The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. If the rule survives legal challenges, you will not...more