News & Analysis as of July 31, 2025

Employment Policies

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

How to Address Applicants' Noncompetes During the Hiring Process

Parker Poe Adams & Bernstein LLP on 7/25/2025

Imagine this: You are filling a senior level position. You review hundreds of resumes, conduct dozens of screening interviews, and coordinate final interviews of the top candidates. After selecting the company’s top choice,...more

Orbiting Opportunity: Why Relocating Employees to Florida is a Strategic Magnet for Retaining Mission-Critical Staff

Dickinson Wright on 7/16/2025

With the Federal Trade Commission’s non-compete ban out of the picture, the Supreme Court barring most universal injunctions, and the National Labor Relations’ Board directive identifying non-compete agreements as violating...more

Wyoming Is the Latest State to Ban Employment Non-Competes

Parker Poe Adams & Bernstein LLP on 4/11/2025

As of July 1, 2025, Wyoming joins a growing list of states that bar employers from entering into non-competition agreements with most workers. The new law voids existing and new non-competes, with exceptions for the sale of a...more

Wyoming’s New Non-Compete Law Starts in July: Employers Need to Look at Their Agreements Now

Jackson Lewis P.C. on 3/31/2025

On Mar. 19, 2025, Wyoming Governor Mark Gordon signed Senate Bill 107 into law, fundamentally reshaping the landscape for non-compete agreements in a major legislative move that will impact employers across Wyoming. Effective...more

"In Any Capacity" Language Dooms Georgia Non-Compete Provision

FordHarrison on 3/28/2025

Prior to the enactment of Georgia’s Restrictive Covenant Act (“GRCA”), Georgia courts uniformly struck down non-compete provisions that used “in any capacity language”, i.e., a non-compete that prohibited an employee from...more

The Practical NLRB Advisor: Fall 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

Epstein Becker & Green on 6/14/2023

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

Epstein Becker & Green on 6/14/2023

D.C.’s Amended Non-Compete Statute Bans (Most) Non-Competes in the District

Williams Mullen on 10/28/2022

In December 2020, Washington, D.C. enacted one of the country’s most sweeping non-compete bans to date. The original Ban on Non-Compete Agreements Amendment Act of 2020, which was signed into law by D.C. Mayor Muriel...more

Big Changes Coming to Colorado Noncompetition Law

BakerHostetler on 7/1/2022

Colorado employers have less than two months to bring their noncompetition restrictions into compliance with HB22-1317, a bill passed by the Colorado Legislature in May 2022. HB22-1317, also known as the Restrictive...more

Protecting a Manufacturer’s Competitive Advantage: Recent Developments in Post-Employment Restrictions

Robinson+Cole Manufacturing Law Blog on 10/11/2019

I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage. See “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27,...more

Washington State Governor Signs Legislation Restricting Noncompetition Covenants

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2019

On May 8, 2019, Washington State Governor Jay Inslee signed new restrictions on noncompetition covenants for Washington employees. The new restrictions are effective January 1, 2020. Key elements of this new law include the...more

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