In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more
Courts and state legislatures continue to take aim at post-employment non-competes. In a companion blog, we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. However, for...more
On January 5, 2023, the Federal Trade Commission (“FTC”) announced a broad proposed rule that would ban employers from imposing noncompete clauses on their workers. The FTC press release announcing the proposed rule states...more
1/9/2023
/ Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Restrictive Covenants ,
Unfair Competition
Over the past two years, employee mobility seems to be at an all-time high. In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” Although employee mobility can be a...more
On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a...more
8/27/2021
/ Employer Liability Issues ,
Employment Contract ,
Enforceability ,
Governor Pritzker ,
Illinois ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Noncompliance ,
Restrictive Covenants ,
State and Local Government ,
Trade Secrets
Following a nationwide trend, Illinois has proposed significant legislation affecting employee restrictive covenants, such as non-compete agreements. While the proposed law does not dramatically change most aspects of the...more
On February 6, Representative Natalie Manley filed House Bill 4699 with the Illinois House of Representatives. If enacted, the bill would amend the Illinois Freedom to Work Act (“IFWA”) with respect to the legality of...more
The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more
1/10/2020
/ Arbitration ,
Arbitration Agreements ,
Artificial Intelligence ,
Casinos ,
Confidentiality Agreements ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Fair Workweek ,
Federal Arbitration Act ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
Human Rights ,
Human Rights Act ,
Human Trafficking ,
Interviews ,
Job Applicants ,
Local Ordinance ,
Medical Marijuana ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other...more
On August 19, 2016, Governor Bruce Rauner officially signed into law the Illinois Freedom to Work Act (the “Act”), with an effective date of January 1, 2017. The Act, while short and to the point, will have a significant...more
9/8/2016
/ Corporate Counsel ,
Employment Contract ,
Fast-Food Industry ,
Freedom To Work Act ,
Hiring & Firing ,
Low-Wage Workers ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Restaurant Industry ,
Restrictive Covenants ,
Wage and Hour