News & Analysis as of

Non-Compete Agreements Employee Mobility

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... more +
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 -
Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

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It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

Dickinson Wright

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

Dickinson Wright on

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

A&O Shearman

From competitor to competitor

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Sectors characterized by massive investments and a limited number of market players—such as defense and semiconductors—are experiencing unprecedented levels of investment as governments and industry seek to secure...more

Saiber LLC

Workforce Mobility Act Reintroduced Amid Ongoing State Efforts to Restrict Non-Competes

Saiber LLC on

Last week, Senators Chris Murphy (D-CT) and Todd Young (R-IN) reintroduced the Workforce Mobility Act, which was previously considered by Congress in 2023. The reintroduction of the bi-partisan bill comes against the backdrop...more

Sheppard Mullin Richter & Hampton LLP

Have Employees in Wyoming? Start Preparing for the Non-Compete Ban

Effective July 1, 2025, Wyoming will restrict the enforceability of non-compete agreements. In enacting Senate Bill 107, Wyoming joins a growing list of states that have significantly restricted, or completely banned,...more

Buchalter

Class Action Alert: “Conflict of Interest” Policies Are the Newest Trend for Class Action Lawsuits Against Employers in Washington...

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Following a recent Washington Supreme Court decision, plaintiffs’ attorneys in Washington are targeting a new type of class action claim against employers: alleged violations of Washington’s noncompetition statute based on...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...more

Conn Maciel Carey LLP

[Webinar] Trade Secrets and Restrictive Covenants: Practical Advice to Safeguard Your Company’s Critical Assets - April 10th,...

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The protection of trade secrets and confidential information is critical to the success of many organizations. Employers must remain vigilant against the growing risk of sensitive information being compromised, especially...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, March 2025

Welcome to our first issue of SuperVision in 2025. In this edition, we cover the new presidential administration’s anticipated impact on employment agreements, the National Labor Relations Board, and workplace safety...more

Seyfarth Shaw LLP

2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

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In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. ...more

Davis Wright Tremaine LLP

[Webinar] Second Annual Employment Services Seminar for Washington Metro Clients - November 19th, 10:00 am - 1:15 pm ET

Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!...more

Vinson & Elkins LLP

Should I Stay or Should I Go? NLRB General Counsel Takes Aim at “Stay-or-Pay” Provisions

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In May 2023, Jennifer A. Abruzzo (the “General Counsel”), General Counsel for the National Labor Relations Board (“NLRB”), took the position that certain non-compete provisions violate the National Labor Relations Act...more

Parker Poe Adams & Bernstein LLP

NLRB Memo Outlines Stricter Enforcement of Noncompetes and 'Stay-or-Pay' Provisions

The National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum this week titled "Remedying the Harmful Effects of Non-Compete and 'Stay-or-Pay' Provisions that Violate the National Labor...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

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On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

Faegre Drinker Biddle & Reath LLP

The FTC Non-Compete Rule – It’s Finally Here (Almost)!

On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more

Epstein Becker & Green

Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

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Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and...more

Epstein Becker & Green

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

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On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

Epstein Becker & Green

You Better Watch Out: The OAG Is Stepping Up Enforcement of D.C.’s Non-Compete Ban

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Just over a year into the implementation of the Washington, D.C. Ban on Non-Compete Agreements, as amended by the Non-Compete Clarification Amendment Act of 2022 (together, the “D.C. Non-Compete Ban”), the District of...more

Epstein Becker & Green

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

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As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Faegre Drinker Biddle & Reath LLP

Top Noncompete Developments of 2022

2022 was a relatively quiet year in terms of noncompete developments. However, both state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition and employee non-solicitation...more

Foley & Lardner LLP

“Tis the Season to Find a New Job: New Trends that Make it Easier for Employees to Leave and What a Company Can Do to Limit...

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Employees are more likely to explore new employment options as the end of the year draws near. But, employee mobility can be hindered by non-solicit, non-hire and confidentiality agreements. In addition, a recent trend in...more

Hanzo

[Webinar] Luminary Series: Five Healthcare Litigation Trends For 2022 - A Discussion with Jon Braunstein, Partner at Dentons -...

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Health care is a highly innovative, lucrative, and regulated industry, which also makes it a highly litigious industry. From a legal perspective, it makes sense for practitioners to pay close attention to trends happening in...more

Faegre Drinker Biddle & Reath LLP

Several States are Increasing Penalties for Enforcing Non-Compete Agreements

As non-competition laws and the scrutiny of non-compete agreements continue to be in the spotlight, several states are revisiting their non-compete laws. Colorado has been in the spotlight after the Colorado Legislature...more

Epstein Becker & Green

#WorkforceWednesday: Year in Review and a Look Ahead to 2022 - Employment Law This Week®

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This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year. A Shift in Labor Policy and Enforcement The Biden administration is ushering in...more

Robinson & Cole LLP

The Ever-Changing Landscape of Non-Compete Agreements – Recent Developments

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Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements...more

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