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Employment Contract › Retroactive Application

Saiber LLC

New Jersey Legislature Introduces New Bill to Ban Non-Competes

Saiber LLC on

On May 19, 2025, the New Jersey Legislature proposed a bill (S 4385) that would ban and retroactively eliminate all non-compete agreements, with a few limited exceptions. ...more

Fisher Phillips

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

Fisher Phillips on

The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more

Hinshaw & Culbertson - Employment Law...

Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis

Hinshaw & Culbertson - Employment Law... on

Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more

Seyfarth Shaw LLP

Retroactivity Provision in Washington State’s New Law Limiting Non-Competes May Face Court Challenges

Seyfarth Shaw LLP on

This is the third blog by our Trade Secrets , Computer Fraud & Non-Competes team dealing with Washington state’s House Bill 1450, which dramatically alters non-compete agreements within the state. This blog discusses...more

Robinson+Cole Manufacturing Law Blog

Protecting a Manufacturer’s Competitive Advantage: Recent Developments in Post-Employment Restrictions

Robinson+Cole Manufacturing Law Blog on

I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage.  See  “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27,...more

Fisher Phillips

Rewriting California’s Independent Contractor Rules: A Business Survival Guide

Fisher Phillips on

With his signature on AB 5 on September 18, 2019, California Governor Gavin Newsom has completed the year-long overhaul of the state’s independent contractor test. What was once governed by a balancing test that provided...more

Proskauer - Labor Relations Update

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

Proskauer - Labor Relations Update on

As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board issued a sweeping decision concerning an issue that has divided the NLRB and D.C....more

Payne & Fears

Key California Employment Law Cases: March 2019

Payne & Fears on

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Fisher Phillips

New ABC Test For Independent Contractors Sends California Employers Reeling

Fisher Phillips on

The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more

Ward and Smith, P.A.

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

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