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In the recent decision of Ursic v Country Lumber Ltd., 2025 BCSC 970 (Country Lumber), the Supreme Court of British Columbia held that there is no presumption that dependent contractors ought to receive less reasonable notice...more
The New York legislature may soon pass the “No Severance Ultimatums Act,” which would require all employment severance agreements except those negotiated through collective bargaining to include (1) a 21-business day review...more
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
Employers would have to give all employees in New York time to review and revoke severance agreements under a bill that just passed the state Senate on March 4. The No Severance Ultimatums Act now moves to the Assembly, and...more
In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more
In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s...more
Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and...more
Minnesota’s legislature rushed through several bills this year affecting recruiting and staffing associations and other service providers such as property management companies. One such law may, as one member of the Minnesota...more
You may have heard or seen in the news that on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a Final Rule making most covenants not to compete between employers and their workers illegal and void (the...more
As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more
Over the past year, you may have heard rumblings about a proposed ban on non-compete clauses in employment agreements. The day has come: on April 23, 2024, the Federal Trade Commission (FTC) finalized its rule banning new...more
In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more
Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers...more
In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete...more
On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more
Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more
On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more
連邦取引委員会（以下「FTC」）は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則（以下「最終規則」）を3対2の賛成多数で可決しました。 この最終規則の発効日は、連邦官報に掲載されてから120日後（「発効日」）であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。 以下は、最終規則のハイライトであります。 During an Open Commission...more
On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more
By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements. The final rule is scheduled to go...more
On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to...more
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the “Rule”) which bans businesses from using most noncompete agreements against workers....more
FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more