News & Analysis as of

Fair Labor Standards Act (FLSA) Non-Compete Agreements

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more

Littler

2025 Session of the Virginia General Assembly Roundup

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Expansion of Restrictions on Non-Compete Agreements for “Low-Wage” Employees - Virginia already prohibits employers from entering into, enforcing, or threatening to enforce non-compete agreements against “low-wage...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August 2025 To-Do List

Fisher Phillips on

Here are the top ten items you should tackle in August, based on the latest workplace law developments and upcoming critical compliance dates...more

Amundsen Davis LLC

National State Employment Law Update Covering the First Six Months of 2025

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2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Use of Noncompetes Indicates Employment Instead of Contractor Relationship

In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more

Fisher Phillips

3 New Laws for Virginia Employers Went Into Effect on July 1: Are You Prepared?

Fisher Phillips on

July 1 marked the effective date for three new laws that will create new rights for workers and new obligations for employers in Virginia: - Expansion of Non-Compete Ban – Virginia employers are now prohibited from...more

Sands Anderson PC

Virginia Expands Prohibition of Non-Competes

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Last August, Sands Anderson reported that the Federal Trade Commission’s rule banning non-competes was probably dead. While many employers likely breathed a sigh of relief after a federal judge in Texas struck down the...more

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

Whiteford on

Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Offit Kurman

Virginia Expands Non-Compete Restrictions for Employers

Offit Kurman on

Virginia Governor Glenn Youngkin has signed Senate Bill 1218 into law, amending the state’s non-compete statute. Effective July 1, 2025, the updated law will broaden restrictions on non-compete agreements in Virginia....more

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

Troutman Pepper Locke on

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the...more

Hogan Lovells

Virginia to ban non-competes for non-exempt employees, effective July 1, 2025

Hogan Lovells on

On March 24, 2025, Virginia Governor Glenn Youngkin signed Senate Bill 1218 into law, expanding the Commonwealth’s restrictions on non-competition agreements. Effective July 1, 2025, Virginia employers will be prohibited from...more

Parker Poe Adams & Bernstein LLP

New Virginia Law Prohibits Noncompete Agreements With Non-Exempt Employees

Virginia Governor Glenn Youngkin recently signed legislation expanding the state’s limitations on the use of noncompetition agreements in employment. Currently, Virginia prohibits employers from entering into noncompetes with...more

Williams Mullen

New Amendment Further Restricts Non-Competes in Virginia

Williams Mullen on

Beginning on July 1, 2025, Virginia’s existing non-compete statute, Va. Code § 40.1-28.7:8, will be expanded to prohibit post-employment non-compete agreements and certain non-solicitation covenants with any non-exempt...more

Jackson Lewis P.C.

Expanded Definition of ‘Low-Wage’ Employees in Virginia Non-Compete Ban: Employers Need to Act Now

Jackson Lewis P.C. on

Virginia is the most recent state to tighten restrictions on employment non-compete agreements. Governor Glenn Youngkin signed a bill expanding the definition of low-wage employees under the state’s existing prohibition on...more

Woods Rogers

Virginia Extends Ban on Non-Competes

Woods Rogers on

Virginia lawmakers extended the state’s ban on non-compete agreements to cover all non-exempt employees. This new law affects how employers can enter non-compete agreements with even more of their employees and goes into...more

Nelson Mullins Riley & Scarborough LLP

Virginia Expands Law on Non-Compete Covenants

The Virginia Legislature enacted amendments to its existing Non-Compete Act (the “Act”) on March 24. The amendments will broaden the categories of employees who cannot be subject to non-competition covenants by including any...more

Proskauer - Law and the Workplace

Virginia Strengthens Ban on Non-Competes for “Low-Wage Employees”

On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition...more

Epstein Becker & Green

Virginia Expands Non-Compete Restrictions Beginning July 1, 2025

At the end of March, Governor Glenn Youngkin signed SB 1218, which amends Virginia’s non-compete ban for “low-wage” workers (the “Act”) to include non-exempt employees under the federal Fair Labor Standards Act (the “FLSA”)....more

Paul Hastings LLP

Virginia Expands Noncompete Ban for Low-Wage Employees

Paul Hastings LLP on

Virginia has expanded its limited prohibitions on the use of noncompetition agreements for “low-wage employees,” which have been in place since 2020. On March 24, 2025, Virginia Gov. Glenn Youngkin signed Virginia Senate...more

Littler

Virginia Amends Threshold Compensation Level for Ban on Non-Competes for “Low-Wage Employees”

Littler on

On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to...more

Haynsworth Sinkler Boyd, P.A.

What Employers Need to Know About Shifting Caselaw and Legislation

As employers navigate the complexities of a new political era and evolving regulatory framework, staying ahead of these changes isn't just advisable — it's essential. Several executive actions have already influenced...more

Foley & Lardner LLP

Noncompete Agreements: Updated Income Thresholds for 2025

Foley & Lardner LLP on

As our readers know, in 2024 the Federal Trade Commission’s (FTC) proposed regulation to eliminate almost all noncompete agreements did not come to fruition — at least for now. As we reported earlier this month, however, the...more

Herbert Smith Freehills Kramer

Consulting the Crystal Ball — What Employers Can Anticipate in 2025

With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government’s administrative agenda under a second Donald...more

Robinson+Cole Manufacturing Law Blog

2025 Labor and Employment Outlook for Manufacturers: Employer-Friendly Skies on the Horizon

As we look ahead to 2025, several important labor and employment law changes, planned and potential, are on the horizon. With President Trump set to return to the Oval Office on January 20, 2025, labor and employment law...more

Ward and Smith, P.A.

Key Employment Law Issues Employers Need to Watch in 2025

Ward and Smith, P.A. on

As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying prepared for potential shifts in federal policies, heightened...more

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