News & Analysis as of

Former Employee Employees

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

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Parker Poe Adams & Bernstein LLP

New Florida Law Expands Employers' Ability to Use Noncompetes

Over the past several years, EmployNews has chronicled multiple legislative, regulatory, and judicial assaults on the use of noncompetition agreements with employees. These attacks have weakened or eliminated employers'...more

Jackson Lewis P.C.

Different Country, Same Challenges: Lessons from a Breach That Could Have Been Prevented

Jackson Lewis P.C. on

A recent breach involving Indian fintech company Kirana Pro serves as a reminder to organizations worldwide: even the most sophisticated cybersecurity technology cannot make up for poor administrative data security hygiene....more

Jackson Lewis P.C.

Fundamentals of Personnel Files for Employers in California

Jackson Lewis P.C. on

Current and former employees have the right to inspect their personnel files upon request within a timeframe set by statute. When an employment-related claim arises, these individuals typically request a copy of their...more

Ius Laboris

Danish High Court Takes a Strict Line on Redeployment for Disabled Person

Ius Laboris on

The Supreme Court has ruled that a disabled employee should have been considered for redeployment to another vacant position outside their place of work....more

Constangy, Brooks, Smith & Prophete, LLP

Faith’s Law: What Illinois employers should know

Illinois employers should take note of requirements that relate to employees who are applying for employment in schools, including contractors. The requirements affect even non-school employers whose ex-employees are applying...more

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

New York State Expands Guidance for Employers to Notify Current and Former Workers of Potential 9/11 Benefits

Businesses that had employees working in Lower Manhattan and Western Brooklyn when the September 11th attacks occurred may need to notify those employees of their potential eligibility for benefits under two federal...more

A&O Shearman

SEC Reaches Three Separate Resolutions In Continued Focus On Whistleblowers And Rule 21F-17(a)

A&O Shearman on

In September 2024, the Securities and Exchange Commission (“SEC” or “the Commission”) resolved three separate actions against corporate entities for reaching agreements with employees, potential employees, and clients that,...more

Dickinson Wright

When Property Managers Change Jobs: Who Keeps the Client?

Dickinson Wright on

In the property management industry, where everything is deeply competitive, a critical question is whether or not a property manager is entitled to switch from one property management company to another and, at the same...more

Esquire Deposition Solutions, LLC

Sidestepping Conflicts and Other Ethical Pitfalls in Employee Depositions

This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more

Troutman Pepper Locke

Preliminary Injunction Granted Against Former Employees of Wealth Management Firm

Troutman Pepper Locke on

A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the...more

Mayer Brown

Germany: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Ius Laboris

Employer’s Missteps Forfeited Non-Compete Clause    

Ius Laboris on

In a recent case in Denmark, an employer lost its right to obtain an injunction against a former employee performing consultancy work for a competitor....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

Baker Donelson on

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

Foley & Lardner LLP on

On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

Seyfarth Shaw LLP

California’s New Love Law: Seyfarth’s Valentine’s Day Legal Update on Non-Competes and Compliance Messages

Seyfarth Shaw LLP on

Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat....more

Quarles & Brady LLP

Employers Have New Obligations Under Statute Regulating Noncompete Agreements

Quarles & Brady LLP on

As discussed in a prior alert, newly-enacted California laws governing noncompete agreements require employer action by February 14, 2024. This alert explains the purpose of the new laws, what the notification requirement...more

Foley Hoag LLP

New California Noncompete Law Amendments Take Effect This Month

Foley Hoag LLP on

California recently passed two laws amending its longstanding prohibition of employee noncompete agreements, both of which became effective this month. Section 16600 of the California Business and Professions Code voids...more

McDermott Will & Emery

A Long-Term, Part-Time Employee or a Former Long-Term, Part-Time Employee, That Is the Question

McDermott Will & Emery on

In this series of articles, we explore the implications of the long-term, part-time employee rules under the SECURE Act and SECURE 2.0 and the impact those rules have on employers and their workforces. Under the SECURE...more

Buckingham, Doolittle & Burroughs, LLC

How to Ask for Indeed and Glassdoor Reviews

Glassdoor and Indeed are powerful platforms that allow both current and former employees to share their experiences, opinions, and insights on every aspect of your business. These reviews can cover everything from...more

Perkins Coie

Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act

Perkins Coie on

The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Jenner & Block

Non-Competes Under Attack

Jenner & Block on

In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

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