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Independent Contractors Trade Secrets Employment Contract

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 -
Fisher Phillips

10 Steps for Built-to-Sell Tech Startups to Lock Down Employment Law Compliance

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You’ve built a great product, assembled a talented team, and maybe even caught the attention of investors or potential buyers. But your code or growth metrics will only get you so far if your company is not a compliant...more

Miller Nash LLP

Washington State Proposes Full Ban on Non-Competes—Here’s What You Need to Know

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With the Federal Trade Commission’s proposed nationwide ban on noncompetes seemingly dead, states continue to march forward with their own regulation of such agreements. Washington’s current law bans noncompetes for employees...more

Miller Nash LLP

Washington State Proposes Full Ban on Non-Competes

Miller Nash LLP on

With the Federal Trade Commission’s proposed nationwide ban on noncompetes seemingly dead, states continue to march forward with their own regulation of such agreements. Washington’s current law bans noncompetes for employees...more

Littler

Wyoming Bans Non-Compete Covenants with Some Exceptions

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On March 19, 2025, Wyoming Governor Mark Gordon signed into law Senate File 107, now Enrolled Act No. 87 (the “Act”), which makes any covenant not to compete that restricts the right of any person to receive compensation for...more

Nelson Mullins Riley & Scarborough LLP

HR Minute: Wyoming Becomes Latest State to Restrict Non-Competes

On March 19, 2025, Wyoming enacted a new law significantly restricting the use of non-compete agreements except in limited circumstances. The new law contains several exceptions, including non-competes tied to the sale of a...more

Hendershot Cowart P.C.

Checklist: Texas Employment Agreements for Out-of-State Employers

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Multistate employers with employees in Texas are subject to state laws regarding employment agreements. Whether your business is large or small, specific provisions within your agreements could render your agreements...more

Lathrop GPM

Minnesota Non-compete Ban Signed into Law

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On May 24, 2023, Governor Walz signed off on Minnesota legislation prohibiting employers from entering into non-compete agreements with employees or independent contractors. How will this new law affect your business? What...more

Jackson Lewis P.C.

Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Trade Secrets

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When many people think of trade secrets, they envision something mysterious and legendary—such as the original Coca-Cola formula locked in an Atlanta vault, or Col. Sanders’ recipe for fried chicken. But many companies have...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Orrick - Trade Secrets Group

A 2018 Trade Secrets Year in Review

With the holidays behind us and our calendars flipped over to 2019, we’re taking a look back at some key trade secrets developments of the past year. ...more

Troutman Pepper Locke

Meet the New Noncompete Law in Massachusetts: FAQs

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Click here for PDF No. The Act applies only to agreements entered into on or after October 1, 2018. Agreements entered into previously are unaffected. Pre-existing agreements do not need to be amended to comply with the new...more

K&L Gates LLP

Sweeping Changes to Noncompetition Agreements in Massachusetts

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Massachusetts has enacted a new law, the Noncompetition Agreement Act (the “Act”), which imposes a significant number of new requirements that employers will have to fulfill in order to enforce noncompetition agreements...more

Morrison & Foerster LLP

How to Comply with Massachusetts’ New Restrictions on Employee Noncompetition Agreements

On August 10, 2018, Massachusetts’ Governor signed into law the Massachusetts Noncompetition Agreement Act (the “Act”), establishing strict new requirements for noncompetition agreements with employees entered on or after...more

Fisher Phillips

Defending Trade Secrets In The Gig Economy

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Waking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breaches. But too...more

Eversheds Sutherland (US) LLP

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...more

Eversheds Sutherland (US) LLP

UPDATE: Federal Defend Trade Secrets Act Signed Into Law; Employers May Need to Notify Employees

After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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