News & Analysis as of August 3, 2025

Employment Litigation

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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 -

Massachusetts Supreme Judicial Court Ruling: Noncompetition Agreement Act Does Not Apply to Forfeiture Clauses

ArentFox Schiff on 7/10/2025

The Massachusetts Supreme Judicial Court (SJC) recently clarified the scope of the Massachusetts Noncompetition Agreement Act (MNAA). In Susan Miele v. Foundation Medicine, Inc., the SJC held the MNAA does not apply where a...more

Employment Litigation Roundup: June 2025

Seward & Kissel LLP on 7/8/2025

In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...more

It’s Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

Conn Kavanaugh on 7/2/2025

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does...more

MA SJC Upholds Forfeiture for Employee Breaching Non-Solicitation Agreement

Nelson Mullins Riley & Scarborough LLP on 6/30/2025

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) ruled in Susan Miele v. Foundation Medicine, Inc., that the Massachusetts Non-Competition Agreement Act (the “Act”) does not apply to a non-solicitation...more

Top Massachusetts Court Clarifies That Non-Solicitation Covenants Fall Outside the State’s Non-Compete Law

Mintz - Employment Viewpoints on 6/27/2025

In a closely watched decision, the Massachusetts Supreme Judicial Court in Miele v. Foundation Medicine, Inc. clarified that the Massachusetts Noncompetition Agreement Act (MNAA) (G.L. c. 149, § 24L) does not apply to...more

Florida Legislature Increases Employer Protections Through Non-Compete Agreements

Hahn Loeser & Parks LLP on 6/27/2025

On April 24, 2025, the Florida legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth, or CHOICE, Act. The CHOICE Act goes into effect on July 1, 2025. The CHOICE...more

Massachusetts High Court Clarifies Noncompete Law’s Scope, Declines to Let Nonsolicits ‘Through the Back Door’

Morgan Lewis on 6/19/2025

In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (SJC) clarified that the Massachusetts Noncompetition Agreement Act (MNAA or the Act) does not apply to a forfeiture clause triggered by a breach...more

Massachusetts High Court Rules for Employer in Nonsolicitation Challenge

Shook, Hardy & Bacon L.L.P. on 6/18/2025

Although the Massachusetts Noncompetition Agreement Act expressly excludes nonsolicitation agreements from its definition of “noncompetition agreements,” the Massachusetts Supreme Judicial Court (SJC) recently responded to a...more

Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

Holland & Knight LLP on 6/16/2025

The Massachusetts Supreme Judicial Court (SJC) has ruled that a forfeiture clause triggered by a breach of a non-solicitation agreement is not a "forfeiture for competition agreement" under the Massachusetts Noncompetition...more

Are Non-Compete Agreements Banned in Texas?

Hendershot Cowart P.C. on 6/2/2025

Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more

Four More Years? Examining the Push for Extended Non-Competes in Florida

Kelley Drye & Warren LLP on 5/12/2025

Following lobbying efforts by the now Miami-based hedge fund Citadel, Florida governor Ron DeSantis is poised to sign into law a new bill allowing non-compete clauses to extend up to four years for certain employees. Anyone...more

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on 5/5/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

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

Buchalter on 5/2/2025

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

Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo - Employment Law This Week® - #WorkforceWednesday®

Epstein Becker & Green on 4/23/2025

This week, we’re covering the relaxation of state-level non-compete rules, the recent block of Executive Order 14173’s diversity, equity, and inclusion (DEI)-related certification requirement, and a federal appeals court’s...more

Update on the State of Non-compete Restrictions (LaborSpeak)

Akin Gump Strauss Hauer & Feld LLP on 4/18/2025

In August 2024, a federal district court set aside the Federal Trade Commission’s rule banning non-competes. The FTC recently halted its appeals of that ruling and a similar decision, likely signaling the abandonment of a...more

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on 4/15/2025

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Feeling Competitive: The Reasonableness of Forfeiture-for-Competition Provisions

Troutman Pepper Locke on 4/4/2025

In 2024, employers rushed to track the twists and turns of the Federal Trade Commission’s (FTC) noncompete ban, which attempted to limit the enforceability of agreements that restrict employees from working for a competitor...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

Washington Supreme Court Rejects Noncompete Provision Barring Employees Competitors

Seyfarth Shaw LLP on 3/26/2025

A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of...more

Wyoming Enacts Significant Restrictions on Noncompete Agreements

Faegre Drinker Biddle & Reath LLP on 3/24/2025

On March 19, 2025, Wyoming enacted a new law that considerably narrows the circumstances in which Wyoming employers can enter noncompete agreements. The law prohibits any covenant not to compete that restricts the right of...more

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Holland & Hart - Employers' Lawyers on 3/24/2025

Brad Cave by Brad Cave Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law. While the new law leaves Wyoming businesses with a few options to...more

New York Legislature Proposes New Bill Banning Non-Compete Agreements

Sheppard Mullin Richter & Hampton LLP on 3/19/2025

The New York Legislature is set to make another attempt to ban non-competes for all but highly compensated individuals. At the end of the 2023 legislative session, the New York Legislature passed a bill that would have banned...more

Massachusetts High Court To Weigh In on Forfeiture-for-Solicitation Provisions in Era of Massachusetts Noncompetition Agreement...

Epstein Becker & Green on 3/14/2025

On Monday, March 3, 2025, the Massachusetts Supreme Judicial Court (“SJC”) heard argument in Miele v. Foundation Medicine, Inc., regarding whether the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the...more

What Employers Need to Know About Shifting Caselaw and Legislation

Haynsworth Sinkler Boyd, P.A. on 3/13/2025

As employers navigate the complexities of a new political era and evolving regulatory framework, staying ahead of these changes isn't just advisable — it's essential. Several executive actions have already influenced...more

Understanding Restrictive Covenants in Associate Employment Agreements

Mandelbaum Barrett PC on 3/11/2025

When it comes to restrictive covenants, the veterinary industry is rapidly evolving. Many successful practices are adapting to these changes and taking a progressive approach when it comes to recruiting new DVMs. Employers...more

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