On July 3, 2024, the Federal District Court in the Northern District of Texas in Ryan LLC v. Federal Trade Commission granted a preliminary injunction staying the effective date of the FTC’s non-compete rule and enjoining the...more
On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.
The D.C. Circuit Court of...more
Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more
A New York State Trial Court judge recently ruled that an agreement between a company and an employee to arbitrate sexual harassment claims was unenforceable due to 2018 amendments to New York State’s Human Rights Law, which...more
Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens...more
6/3/2020
/ Board of Directors ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Employment Contract ,
Executive Compensation ,
Hiring & Firing ,
Layoffs ,
Restrictive Covenants ,
Salaried Employees ,
Securities Exchange Act ,
Succession Planning ,
WARN Act
Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so. With limited exceptions, the new law,...more
“...As we have pointed out, in the absence of a statute to the contrary, parties are free to contractually limit the time within which an action may be brought, as long as the contractual time is reasonable and does not...more
The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more
6/30/2014
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian ,
Mandatory Arbitration Clauses ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue,...more
In 2010, New York enacted the Wage Theft Prevention Act, which in part amended its Labor Law to require courts to impose a liquidated damages award of 100% of the total unpaid wages owed to the employee. The law previously...more
Several members of the New York City Council have introduced a bill that would amend the City’s Human Rights Law to permit employees to waive a Human Rights Law claim only where the waiver is “knowing and voluntary.” Such a...more