News & Analysis as of

Employee Benefits Restrictive Covenants

Stikeman Elliott LLP

Status Update: Ontario Court Upholds RSU Forfeiture Provision, Despite Employment Agreement Violating the ESA

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In the recent Wigdor v Facebook Canada Ltd. and Meta Platforms, Inc., 2025 ONSC 4051 decision (the “Decision”), which has not yet been reported, the Ontario Superior Court of Justice upheld the enforceability of restricted...more

Fisher Phillips

Colorado Lawmakers Were Busy in 2025 – What Employers Need to Know

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Colorado was once again busy this legislative session – and employers need to adjust their practices in order to adapt to some key new laws soon to take effect. We have highlighted below a few of the critical changes that...more

McGuireWoods LLP

Florida Bolsters Enforceability of Certain Noncompete Agreements

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While states across the country, including Texas and Virginia, continue to enact laws that restrict or ban noncompete agreements, a new Florida law does the opposite. Effective July 1, 2025, the Contracts Honoring...more

Conn Kavanaugh

It’s Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

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On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does...more

Fisher Phillips

Employer Cheat Sheet for Workplace Laws Taking Effect July 1

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Most employers are prepared for new laws at the start of each year – but did you know that a heap of new workplace laws take effect at the halfway point? Here’s your employer cheat sheet to prepare for July 1 effective dates…...more

Holland & Knight LLP

Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

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The Massachusetts Supreme Judicial Court (SJC) has ruled that a forfeiture clause triggered by a breach of a non-solicitation agreement is not a "forfeiture for competition agreement" under the Massachusetts Noncompetition...more

Spilman Thomas & Battle, PLLC

Is Your Business Ready for The CHOICE Act?

What is the CHOICE Act?          On April 24, 2025, Florida state lawmakers passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act or CHOICE Act. The CHOICE Act is a law reforming...more

Proskauer - Employee Benefits & Executive...

Tenth Circuit Affirms Distinction Between Forfeiture and Penalty for Competition

In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v....more

Morris James LLP

Delaware Supreme Court Clarifies Enforcement of Forfeiture-for-Competition Provisions

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LKQ Corp. v. Rutledge, C.A. No. 110, 2024 (Del. Dec. 18, 2024) - In this en banc decision, the Delaware Supreme Court answered a certified question from the United States Court of Appeals for the Seventh Circuit...more

Harris Beach Murtha PLLC

[Webinar] Employment Law Issues Impacting Health Care Practices - May 13th, 10:00 am - 11:00 am EST

Harris Beach Murtha invites you to join us as we discuss key employment law issues affecting physician practices in New York State. Topics will include Restrictive Covenants, Handling Sexual Harassment in the Workplace, Paid...more

King & Spalding

VSOPs – the End of Bad Leaver Clauses in Germany?

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Virtual Stock Option Plans (VSOPs) are a common tool used by companies to incentivize employees by linking part of their compensation to the company’s long-term success. Unlike traditional stock options, VSOPs do not grant...more

Seyfarth Shaw LLP

2024 Year in Review – Singapore Employment Law

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2024 saw the introduction of a series of updates in the employment law landscape in Singapore. This article provides a brief overview of the key developments that occurred over the past year and a brief commentary on the...more

Levenfeld Pearlstein, LLC

2025 Employment Law Checklist

Each year, LP’s Employment & Executive Compensation Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope you find...more

Seyfarth Shaw LLP

Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete Alternative

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The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just...more

Ballard Spahr LLP

Maryland Employers: Six Must-Know Employment Law Changes

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The Maryland legislature recently passed several laws that affect pay transparency, family and medical leave, the scope of the State’s antidiscrimination laws, workplace safety, and noncompete agreements. As many of these new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements....more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

Troutman Pepper Locke

Water Cooler Talk: Insights on Noncompetes From ‘The Office'

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With the potential for a federal ban on the horizon and increasing restrictions on noncompete agreements at the state level, employers are becoming increasingly hesitant to look to noncompete provisions for protection,...more

Troutman Pepper Locke

Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

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Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan. ...more

Littler

Ones to Watch: Legislation Landscape for 2024

Littler on

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2024 have emerged. Some of the more significant trends reflect the country’s...more

Faegre Drinker Biddle & Reath LLP

Overview of U.S. Employment Law for International Employers

This guide is a non-comprehensive overview of employment laws in the United States for international employers.  We hope that it will assist employers that already employ individuals in the U.S. and employers that are...more

FordHarrison

New California Employment Developments for 2024

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Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises...more

Lowenstein Sandler LLP

Best Practices for Successful Employee Onboarding

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A well-thought-out hiring process can help companies not only attract and retain top talent, but it can also ensure that companies meet legal obligations, obtain necessary protections, and avoid costly mistakes. In this...more

Clark Hill PLC

[Event] 2023 Labor & Employment Conference - October 4th, Chicago, IL

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This program is designed to ensure that you and your business stay prepared and in compliance with new developments in federal and Illinois labor and employment laws. You'll gain invaluable insights on a range of topics...more

Verrill

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

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As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more

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