Kevin Passerini on Employer Liability Issues

FTC Loses Round 1, but Its Non-Compete Ban Is Still Standing and Creating Uncertainty

The United States District Court for the Northern District of Texas last week issued an order and opinion granting a preliminary injunction staying the effective date for enforcement of the Federal Trade Commission’s (“FTC”)...more

7/12/2024 / Corporate Counsel , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Non-Compete Agreements , Restrictive Covenants

The FTC Won’t Let It Be: Non-Compete Ban Stirs Controversy

On April 23, 2024, a divided Federal Trade Commission (“FTC”) voted to adopt a Final Rule banning most post-employment non-competition obligations with workers, requiring that companies issue notices to workers of the impact...more

4/25/2024 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants , Unfair Competition

New York State Legislature Sends Broad Noncompete Ban to Governor’s Desk

On June 20, 2023, the New York Assembly passed a bill already passed by the Senate banning all post-employment noncompete agreements with workers. The bill is headed to Governor Kathy Hochul’s office for her approval....more

6/28/2023 / Employer Liability Issues , Employment Contract , Non-Compete Agreements , Restrictive Covenants , State Labor Laws , State Legislatures

What Cos. Should Know about Minn. Noncompete Statute

Many jurisdictions have recently passed legislation restricting the use of noncompetes through compensation thresholds and other procedural hurdles and limitations, but they have avoided adopting a full-throated ban on...more

6/8/2023 / Employer Liability Issues , Employment Contract , Non-Compete Agreements , Non-Disclosure Agreement , Non-Solicitation Agreements , Restrictive Covenants , State Labor Laws

Minnesota Joins the “Ban”-wagon, Barring Most Non-Competes with Workers

Many jurisdictions have recently passed legislation restricting the use of non-competes through compensation thresholds and other procedural hurdles and limitations, but they have avoided adopting a full-throated ban on...more

6/6/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Contract , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants , State Labor Laws

FTC Proposes Broad Rule Banning Non-competes for Employees and Independent Contractors

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements between an employer and a “worker,” which is broadly defined to encompass employees and independent contractors...more

1/9/2023 / Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , FTC Act , Non-Compete Agreements , Proposed Rules , Public Comment , Restrictive Covenants , Section 5

New D.C. Noncompete Law to (Finally) Take Effect October 1

The Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) passed by the D.C. Council over the summer will take effect on October 1, 2022, imposing new substantive and procedural restrictions on D.C. employers’ use...more

9/14/2022 / Contract Terms , Employer Liability Issues , Employment Contract , Former Employee , Non-Compete Agreements , Restrictive Covenants

D.C. Moves Back Applicability Date of New Non-Compete Law

Earlier this year, Washington, D.C.’s mayor signed legislation, the “Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”), which imposes sweeping limitations on during-employment and post-employment non-compete...more

8/27/2021 / Employer Liability Issues , Employment Contract , Non-Compete Agreements , Restrictive Covenants

D.C. Mayor Signs Non-Compete Ban, Dramatically Alters Competitive Landscape

Late in December 2020, the District of Columbia Council passed legislation titled, “Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”), barring the use of non-compete agreements and workplace policies that...more

1/18/2021 / Employer Liability Issues , Employment Contract , Non-Compete Agreements , Restrictive Covenants , Retaliation

New Jersey Governor Signs ‘Me Too’ Bill, Potentially Impacting All Employment and Settlement Agreements and Curbing Use of...

New Jersey Governor Phil Murphy has signed Senate Bill 121. This bill has two primary effects: 1. “A provision in any employment contract [(other than a collective bargaining agreement, which is excepted)] that waives any...more

8/27/2019 / #MeToo , Confidentiality Agreements , Employer Liability Issues , Non-Disclosure Agreement , Settlement Agreements

New Jersey Governor Signs #MeToo Bill, Potentially Impacting All Employment and Settlement Agreements—Employers Beware!

As predicted in a previous post, New Jersey Governor Phil Murphy signed Senate Bill 121 last month. This bill has two primary effects: “A provision in any employment contract [(other than a collective bargaining agreement,...more

4/22/2019 / #MeToo , Corporate Counsel , Employer Liability Issues , Employment Contract , Employment Litigation , Governor Murphy , Non-Disclosure Agreement , Settlement Agreements , State Labor Laws

Kevin Passerini

Blank Rome LLP

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