Category Archives: Contracts

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Proposed Restrictive Covenant Law Threatens to Handcuff Employers

Prepared by: Brian Confino Most businesses possess confidential information or trade secrets that need to be safe-guarded, or intellectual property, equipment, or processes that set them apart from their competition. Many companies choose to protect this information using “restrictive covenants” – agreements in which employees promise not to compete with the business in the future, … Continue Reading

NLRB Continues To Review General Employment Provisions

The National Labor Relations Board (“NLRB”) continued its recent trend of reviewing employment provisions often contained in employee handbooks or employment agreements.  On December 3, 2012, the NLRB’s Division of Advice released an Advice Memorandum dated May 16, 2012 in which it reviewed a “moonlighting” provision and a non-compete provision in an employment agreement.  The … Continue Reading

Are Restrictive Covenants Enforceable in California? It Depends.

In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.… Continue Reading

Supreme Court Vacates California Ruling on Arbitration Agreements

Does an employee have the right to proceed before the California Labor Commission after signing an agreement to arbitrate all claims? That is a question the California Supreme Court will have to decide after the U.S. Supreme Court vacated its decision in Sonic-Calabasas A, Inc. v. Moreno and remanded the case for further consideration in light of AT&T Mobility v. … Continue Reading

UK Employment Law Update: A recent case finds that employers may dismiss employees for refusal to accept a pay cut, even if the survival of the business isn’t in issue

The UK’s Employment Appeals Tribunal has confirmed that employers may dismiss employees who refuse to accept detrimental changes to terms and conditions without that dismissal being deemed "unfair" – so long as they have acted reasonably. It went on to say that an employer doesn’t necessarily have to show that the business would otherwise go … Continue Reading

Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants

On November 2, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non-solicitation and non-disclosure covenants in Georgia. … Continue Reading
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