Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on...more
9/18/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
In an anticipated yet groundbreaking turn of events, on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Non-Compete Clause Rule (the “Final Rule”) which bans U.S. employers from using...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule which, if adopted, would ban U.S. employers from using non-compete agreements. In its notice of proposed rulemaking (“NPR”), the FTC sought public...more
This morning, the United States Senate passed a bill creating the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The U.S. House of Representatives passed the bill earlier this week, meaning...more
2/10/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
Recently, the Illinois General Assembly passed legislation significantly amending the Illinois Freedom to Work Act, which governs the legality and enforceability of non-compete agreements and other post-employment restrictive...more
Section 1981 of the Civil Rights Act prohibits intentional race discrimination in all forms of contracting including employment. Lower courts have split as to whether a § 1981 plaintiff must prove that race was only one...more
3/30/2020
/ 42 U. S. C. § 1981 ,
Appeals ,
Burden of Proof ,
But For Causation ,
Civil Rights Act ,
Comcast ,
Comcast Corp. v National Association of African American-Owned Media ,
Commercial Contracts ,
Dismissals ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Racial Bias ,
Reversal ,
SCOTUS ,
Split of Authority ,
Substantial Motivating Factor Test ,
Television Broadcast Stations ,
Title VII
An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more
2/13/2020
/ Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Inevitable Disclosure Doctrine ,
Intellectual Property Protection ,
Manufacturers ,
Non-Disclosure Agreement ,
PepsiCo ,
Preliminary Injunctions ,
Trade Secrets
A federal court in the Northern District of Illinois recently ruled that language in an employee handbook providing that employees would be paid overtime when they worked more than 40 hours in a week potentially created an...more