News & Analysis as of August 1, 2025

Notice Requirements

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employer Cheat Sheet for Workplace Laws Taking Effect July 1

Fisher Phillips on 6/24/2025

Most employers are prepared for new laws at the start of each year – but did you know that a heap of new workplace laws take effect at the halfway point? Here’s your employer cheat sheet to prepare for July 1 effective dates…...more

[Webinar] The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States - June 26th,...

CDF Labor Law LLP on 6/11/2024

Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more

Minnesota Staffing Agencies Can No Longer Block Workers From Being Hired at Client Companies: 5 Things You Should Know

Fisher Phillips on 5/28/2024

Minnesota businesses, including staffing agencies, will no longer be able to enter into contracts that restrict their customers from hiring workers placed at their jobsites thanks to a new law taking effect on July 1. But the...more

New FTC Rule Imposes Sweeping Ban on Non-Compete Agreements with Workers

Bowditch & Dewey on 4/25/2024

In January of 2023, Bowditch alerted clients that the Federal Trade Commission (“FTC”) was proposing a sweeping new rule that would ban the use of virtually all non-compete agreements and have a seismic effect on employment...more

Feds Ban Non-Compete Agreements: A 5-Step Plan for Employers

Fisher Phillips on 4/24/2024

The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. If the rule survives legal challenges, you will not...more

Employment Terms - A View From Both Sides of the Pond

Goodwin on 1/25/2024

As businesses look to expand their operations globally, we are increasingly seeing HR leaders taking a strategic view on how they want to engage their workforce across different jurisdictions. There is a greater push from...more

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

Fisher Phillips on 11/14/2023

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

California Amends Noncompete Law (Again) and Adds a Notice Requirement

Epstein Becker & Green on 10/27/2023

California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances....more

4 Things Employers Need to Know About the New Noncompete Laws in California

Fisher Phillips on 10/16/2023

Everyone knows that noncompete agreements are generally unenforceable in California and there’s not much more to be said, right? California lawmakers think differently and thus have taken steps to equip employees with new...more

Do You Need to Give Notice to Employees About Signing a Non-Compete or Other Restrictive Covenant?

Fisher Phillips on 7/7/2023

Even companies that diligently prepare non-competes and other restrictive covenants for their employees to sign often miss some of the essential steps necessary to ensure those agreements will later be enforceable. One rule...more

The Informed Board - Spring 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 5/25/2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on 6/1/2022

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Colorado Set to Severely Limit Non-Competes and Other Restrictive Covenants: A 5-Step Action Plan for Employers

Fisher Phillips on 5/12/2022

Colorado lawmakers just passed a law that will bring dramatic change to the non-compete landscape by significantly limiting the circumstances under which restrictive covenants may be used – virtually ending the practice of...more

Illinois Legislature Passes Significant Restrictive Covenant Reform Bill

Proskauer - Law and the Workplace on 6/8/2021

The Illinois Legislature recently passed a bipartisan bill, available here, that seeks to significantly amend the Illinois Freedom to Work Act (820 ILCS § 90) and impose restrictions on the use of non-competition and...more

Washington, D.C. Passes Legislation Banning Non-Compete Agreements: A 5-Step Action Plan For Employers

Fisher Phillips on 1/13/2021

Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more

DC Council Passes One of the Broadest Bans on Non-Competes in the Country

Proskauer - Law and the Workplace on 12/21/2020

Quick Hit: On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Key Trends from a Summer of Non-compete Reform

Orrick - Trade Secrets Group on 9/10/2019

The start of September means that summer is unofficially over. However, the end of beach season also means that big changes to state non-compete laws are on the horizon....more

New Massachusetts Noncompetition Act: What Employers Need To Know

Verrill on 9/27/2018

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

Non-Compete Legislation Update: Minnesota Remains Among States that Require Employers to Provide Advance Noticed of any...

Nutter McClennen & Fish LLP on 12/20/2017

Two recent cases reaffirm that Minnesota remains among the small, but growing, list of states that require employers to provide advance notice of any non-compete to a potential future employee prior to the commencement of...more

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