News & Analysis as of

Independent Contractors Restrictive Covenants Garden Leave

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Seyfarth Shaw LLP

Florida Becomes Most Employer-Friendly State for Non-Competes

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As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach....more

Morgan Lewis

Florida’s New CHOICE Act Authorizes Garden Leave, Makes 4-Year Noncompete Agreements Easier to Enforce

Morgan Lewis on

The Florida House and Senate recently passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act by an overwhelming majority. The CHOICE Act will substantially reshape Florida...more

FordHarrison

Non-Compete News: The End Of New Jersey Non-Competes as We Know Them?

FordHarrison on

Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers....more

Dorsey & Whitney LLP

Washington Implements a Salary History Ban and Restrictions to Non-Compete Covenants

Dorsey & Whitney LLP on

Last week, Washington signed into law two new employment laws that may have significant impacts on many Washington employers: a salary history ban and restrictions on non-compete covenants. Salary History Ban - On May...more

Fisher Phillips

Washington’s New Non-Compete Bill Brings Challenges For Employers

Fisher Phillips on

Finding that “workforce mobility is important to economic growth and development,” Washington just passed a new law that will significantly restrict noncompetition agreements with both employees and independent contractors....more

Verrill

New Massachusetts Noncompetition Act: What Employers Need To Know

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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

Seyfarth Shaw LLP

At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade

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This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more

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