News & Analysis as of August 1, 2025

Non-Compete Agreements

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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 -

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

Troutman Pepper Locke on 4/4/2025

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

Noncompetes Included in Separation Agreements May Not Survive Legal Challenge

Parker Poe Adams & Bernstein LLP on 12/13/2024

When preparing employee separation or severance agreements, we are occasionally asked by clients whether they can include a noncompetition restriction as part of the severance offer, even in situations where no noncompete was...more

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

Foley & Lardner LLP on 3/29/2024

No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

[Hybrid Event] Employment Law Symposium - January 18th, 3:00 pm - 5:00 pm PST

Farella Braun + Martel LLP on 1/5/2024

Please join us at our 2024 Employment Law Symposium. The afternoon program promises invaluable insights that will keep you and your talent team at the forefront of California employment law trends....more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

[Webinar] Are Big Changes for Employers on the Horizon? - May 24th, 10:00 am - 11:00 am EDT

Parker Poe Adams & Bernstein LLP on 4/26/2023

2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more

NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

Wilson Sonsini Goodrich & Rosati on 3/7/2023

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more

The NLRB Reverses Course on Severance Agreements: Here’s what Employers Need to Know

Kohrman Jackson & Krantz LLP on 3/3/2023

THE MCLAREN RULING - Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more

New NLRB Decision Prohibits Overly Broad Language In Non-Disparagement And Confidentiality Provisions In Severance Agreements

FordHarrison on 2/24/2023

Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance...more

With Proposed Non-Compete Ban, the FTC Joins the Executive Compensation Regulatory Landscape

Groom Law Group, Chartered on 2/16/2023

Employers are accustomed to following rules related to executive compensation from the DOL, IRS, and SEC. It may be time to add a new acronym to the list – the Federal Trade Commission (“FTC”)....more

Noncompete Considerations for Employers Implementing COVID-19 Cost-Cutting Measures and Operational Changes

Akin Gump Strauss Hauer & Feld LLP on 6/30/2020

As COVID-19 continues to spread and economic uncertainty persists, many employers are implementing layoffs, pay cuts, furloughs and other operational changes that could cause them to lose the ability to enforce their...more

Goodbye 2019, Hello 2020

Stoel Rives - World of Employment on 12/20/2019

As 2019 comes to an end, employers should know about important new obligations that will ring in their new year. Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California,...more

Global Newsletter: Ogletree Deakins International Employment Update - November 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/13/2019

Welcome to the latest issue of the Ogletree Deakins International Employment Update - a newsletter aimed at human resources professionals and in-house employment counsel operating on an international basis. Please scroll...more

District Court Case Highlights Advantages of ERISA Severance Plans

Hogan Lovells on 11/21/2017

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

Agreement Prohibiting Solicitation of Employees by Former Employee may be Unenforceable

Ruder Ware on 8/24/2016

A recent decision from the Wisconsin Court of Appeals has raised serious questions regarding non-solicitation agreements that are often included as part of an employment agreement or severance agreement. A non-solicitation...more

Non-compete Restrictions in Texas Severance Agreements

Fisher Phillips on 5/16/2016

One of the most frequent Texas non-compete questions I am asked is whether an employee and employer can enter an enforceable non-compete agreement at the time of termination. From the employee's perspective, this seems...more

Utah Enacts Post-Employment Restrictions Act

Littler on 4/1/2016

A growing number of states are tightening conditions on restrictive covenants. The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states. As of March 22,...more

Continued Employment is Enough for a Severance Agreement

Burr & Forman on 2/10/2016

Here’s one where the tables were turned. Former employees often argue that a non-compete agreement is unenforceable because there was inadequate “consideration.” Consideration is the exchange parties to a contract make, what...more

Corporate Divorce: Treat Your Employment Contract Like a Prenup

Mintz - Employment, Labor & Benefits... on 6/22/2015

Once again I observe that while I am not a divorce lawyer, the analogies of divorce law to my employment practice are startling. Two parties meet (the interview), they realize how many things they have in common (the job...more

15 For ’15: Employment And Labor Resolutions For The New Year

Constangy, Brooks, Smith & Prophete, LLP on 1/8/2015

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

ERISA Severance Plans and Non-Compete Agreements Must Work Together

Franczek P.C. on 11/21/2012

In an ever-more competitive business climate, employers are increasingly interested in protecting revenue streams through enforceable non-compete restrictions on employees. A recent federal district court decision highlights,...more

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