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Employees Labor Reform Restrictive Covenants

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, March 2025

Welcome to our first issue of SuperVision in 2025. In this edition, we cover the new presidential administration’s anticipated impact on employment agreements, the National Labor Relations Board, and workplace safety...more

Seyfarth Shaw LLP

Acting NLRB General Counsel Rescinds Biden-Era Policy Guidance on Non-Compete Agreements

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On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among...more

Littler

Rescission of NLRB General Counsel Memos on Non-Compete Agreements Indicates Shift in Enforcement Priorities

Littler on

On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowan rescinded several previously issued memos, including two related to restrictive covenants: (1) GC Memorandum 23-08, Non-Compete...more

Epstein Becker & Green

The Buckeye State to End Employer Noncompetes?: Ohio Introduces Bill That Would Ban Employers from Entering into Noncompetes

Epstein Becker & Green on

Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Ohio has joined the growing list of jurisdictions seeking to restrict the...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Epstein Becker & Green

Washington State Seeks to Broaden the Definition of “Noncompetition” and Ban Most Noncompetes

On January 3, 2025, the Washington State Legislature introduced HB1155 (the “Bill”) that, if passed, would broaden the definition of a “noncompetition covenant” and prohibit all employer-employee noncompete agreements....more

Epstein Becker & Green

New York State Proposes Bill That Would Place Restrictions on Noncompetes and Other Restrictive Covenants

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With the Federal Trade Commission’s Noncompete ban essentially dead, state legislatures, as expected, are taking restrictive covenant lawmaking into their own hands....more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

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Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...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

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Jones Day

FAQs About the FTC Final Rule Banning Worker Noncompete Agreements

Jones Day on

This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more

Brooks Pierce

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

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On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context...more

A&O Shearman

New Rules Highlight the Need to Review Employee Forms and Policies

A&O Shearman on

For many companies, the use of “form” employee documents is an efficient practice that ensures consistent treatment. That said, reliance on forms can often breed complacency. In this new year, companies should consider a...more

CDF Labor Law LLP

Flowers, Chocolates, or Notice of Noncompete Agreement?

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Many people are contemplating what to give their Valentine in a couple of weeks.   However, California employers that employed California persons under an agreement with a noncompete clause “no matter how narrowly...more

Spilman Thomas & Battle, PLLC

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023

On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more

Seyfarth Shaw LLP

New York Non-Compete Ban is Off the Table—For Now

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Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023....more

Payne & Fears

New California Laws Take Aim at Employee Restrictive Covenants

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Despite California’s longstanding policies, statutes, and robust case law in the non-compete arena, the Legislature recently enacted two new provisions seeking to provide further protections against non-compete agreements in...more

Sheppard Mullin Richter & Hampton LLP

Necessity Is the Mother of Invention – But New York Law Says Employers Better Not Take the Credit

On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer...more

Sheppard Mullin Richter & Hampton LLP

California Strengthens Non-Competition Law

California has passed two new items of legislation, Senate Bill 699 and Assembly Bill 1076, which will further regulate and restrict the enforcement of employment non-compete agreements in California, and expand the scope of...more

Seyfarth Shaw LLP

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

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California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more

Troutman Pepper Locke

California Broadens Restrictions on Noncompete Agreements, Imposes Civil Liability

Troutman Pepper Locke on

Effective January 1, 2024, California will impose civil liability for employers who (1) enter into a contract that includes a noncompete agreement, and (2) attempt to enforce a noncompete agreement — regardless of where and...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

Littler

Global Non-Compete Reform – At a Glance: September 2023

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The US is not the only country currently debating reform to the law on non-competes (see here in relation to Federal law and New York). Notably the UK Government has announced legislation which would limit the duration of...more

Seyfarth Shaw LLP

New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee...

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On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law...more

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