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Enforcement › Employer Liability Issues › Employment Contract

A&O Shearman

Florida Choice Act bolsters enforceability of noncompete and garden leave agreements

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In a departure from the legislative trends in certain states to curtail post-employment restraints, the state of Florida has bucked the tide to take the most employer friendly approach to restrictive covenants. On April 24,...more

Nutter McClennen & Fish LLP

NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

Nutter McClennen & Fish LLP on

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

Perkins Coie

Recent District of Arizona Opinion Holds Two Non-Compete Agreements Are Unenforceable

Perkins Coie on

A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that...more

Woods Rogers

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

Woods Rogers on

The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

Skadden, Arps, Slate, Meagher & Flom LLP on

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Parker Poe Adams & Bernstein LLP

Labor Department and Federal Trade Commission Announce Collaboration Initiative

Parker Poe Adams & Bernstein LLP on

Last week, the U.S. Department of Labor and Federal Trade Commission announced that they have entered into a memorandum of understanding for the purpose of sharing information and coordinating enforcement efforts. The...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Bradley Arant Boult Cummings LLP on

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Society of Corporate Compliance and Ethics...

Federal Trade Commission proposes a noncompete ban: Five things to know

Society of Corporate Compliance and Ethics... on

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

Faegre Drinker Biddle & Reath LLP

DC Finally Prunes its Ban on Non-Competes

Faegre Drinker Biddle & Reath LLP on

When initially enacted in January 2021, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act was one of the broadest non-compete prohibitions in the country.  Its effective date, however, was delayed on...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

McDermott Will & Schulte

Illinois Enacts New Noncompete and Nonsolicit Law

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Illinois has enacted a new law governing restrictive covenants: Public Act 102-0358. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It will...more

Verrill

New Massachusetts Noncompetition Act: What Employers Need To Know

Verrill on

Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1,...more

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