News & Analysis as of

Employment Contract

Ward and Smith, P.A.

Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)

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While external cyber threats make headlines, the reality is that your biggest risk often comes from within. For North Carolina businesses, from tech startups in Durham to manufacturers in Greensboro, understanding how to...more

Blake, Cassels & Graydon LLP

Five Employer Wins and Counting: Is the Tide Turning?

In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more

Tucker Arensberg, P.C.

When Your New Job Isn’t What You Signed Up For: A Physician’s Guide

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Most physicians put significant thought and effort into reviewing and negotiating their employment contracts before signing. But what happens when you’ve started your new position, and now you’re noticing red flags: the call...more

Troutman Pepper Locke

Understanding the Impact of HCA Healthcare’s Settlement

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HCA Healthcare Inc., a major U.S. hospital operator with more than 180 hospitals across 20 states, announced a $3.5 million settlement to address allegations of state consumer protection and labor law violations brought by...more

Bennett Jones LLP

Forfeiture Clause Upheld, Punitive Damages Denied: Favourable Takeaways for Employers

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The Ontario Superior Court of Justice’s recent decision in Wigdor v Facebook Canada Ltd, 2025 ONSC 4051 provides helpful clarity for employers on two key issues: the enforceability of restricted stock unit (RSU) forfeiture...more

Epstein Becker & Green

President Trump’s August 13, 2025, Executive Order Rescinds President Biden’s Executive Order on Non-Competes, Turning the Clock...

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On August 13, 2025, President Trump issued an executive order revoking former President Biden’s July 9, 2021 Executive Order 14036 “Promoting Competition in the American Economy” (the “Biden Order”)....more

WilmerHale

Post-Mortem on the FTC’s Blocked Non-Compete Rule

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In August 2024, a Texas federal court struck down a broad Federal Trade Commission (FTC) rule that would have banned the vast majority of employee non-competition agreements. ...more

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

California Supreme Court Rules FAA Does Not Preempt Arbitration Fee Deadline, Rejects Strict Penalties

On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

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The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

Fox Rothschild LLP

The Million Dollar ChatGPT Mistake

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I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

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Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Fisher Phillips

10 Steps for Built-to-Sell Tech Startups to Lock Down Employment Law Compliance

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You’ve built a great product, assembled a talented team, and maybe even caught the attention of investors or potential buyers. But your code or growth metrics will only get you so far if your company is not a compliant...more

Farrell Fritz, P.C.

Non-Compete Fight Yields Mixed Results in Cabrita v. Vitabyte, Inc.

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The enforceability of non-compete agreements remains an active issue in New York courts, and a recent Queens County Commercial Division case, Cabrita v. Vitabyte, Inc., offers a good example of how judges can be willing to...more

McGlinchey Stafford

Florida CHOICE Act Expands Enforceability of Non-Compete and Garden Leave Agreements

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On July 1, 2025, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, ushering in substantial changes to the state’s non-compete law under Florida Statute §...more

Warner Norcross + Judd

Michigan Supreme Court Reinstates “Reasonableness” Test: New Rules for Shortened Limitations Periods in Employment Contracts

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The Michigan Supreme Court recently held in Rayford v. American House Roseville I LLC that courts must review for reasonableness provisions in employment contracts that limit the amount of time within which an employee may...more

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

Michigan Supreme Court Says Time Limits on Employment Claims Must Be Reasonable

On July 31, 2025, in Rayford v. American House Roseville I, LLC, the Michigan Supreme Court ruled that contractual time limitations for employment lawsuits must pass a reasonableness test....more

Cole Schotz

Florida’s CHOICE Act: Offering Unprecedented, New Tools to Employers to Prevent Unfair Competition

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As of its July 3, 2025 effective date, the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (“CHOICE”) Act dramatically overhauled Florida’s restrictive covenant framework. While many states...more

Stikeman Elliott LLP

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

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The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Miller Nash LLP

[Webinar] Start Smart: Your Back-to-School Legal Toolkit for Managing Misconduct, Accommodations & Critical Contracts - August...

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As the new school year approaches, schools across Washington are not only preparing classrooms and lesson plans—they are anticipating a range of complex legal responsibilities. Staying ahead of legal risks is essential to...more

Troutman Pepper Locke

What Happens to Employment Agreements and Noncompete Agreements in Bankruptcy? - Creditor’s Rights Toolkit

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An employer’s bankruptcy filing can significantly impact an employee’s agreements with the debtor. While a reorganizing debtor may agree to continue honoring its obligations under employment agreements, the Bankruptcy Code...more

Husch Blackwell LLP

Michigan Supreme Court Upends Shortened Limitations Periods in Employment Contracts

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Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more

Troutman Pepper Locke

Colorado AG Sues PetSmart Over TRAP Contracts

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Colorado Attorney General (AG) Phil Weiser has sued PetSmart LLC, alleging that its use of Training Repayment Agreement Provisions (TRAPs) violates state consumer protection and labor laws. The lawsuit reflects a broader...more

Bodman

Contractually Shortened Claim Limitation Periods are No Longer Automatically Enforceable Following Supreme Court Ruling

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On July 31, 2025, the Michigan Supreme Court changed the test for enforceability of contractually shortened claim limitation periods in Rayford v American House. Employers often shorten the statute of limitations of...more

Fox Rothschild LLP

Colorado Changes Noncompete Landscape Again

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On August 6, Colorado dramatically changed how restrictive covenants will be handled in the state in the context of health care providers and business owners. The law is not retroactive and will not apply to pre-existing...more

Husch Blackwell LLP

Supreme Judicial Court Limits Scope of Massachusetts Noncompetition Agreement

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The Massachusetts legislature passed the Massachusetts Noncompetition Agreement Act (MNAA) in 2018, culminating a longstanding effort to balance employers’ rights to protect legitimate business interests—such as trade...more

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