When employers offer new hires a sign-on bonus or existing employees a retention bonus, they typically structure the bonuses as an upfront payment subject to a conditional repayment obligation if
Continue Reading California Claws Back: New Limits on Stay-or-Pay Contracts Starting Jan. 1, 2026
In September 2023, the Securities and Exchange Commission (SEC) announced three separate enforcement orders reflecting a renewed interest in and scrutiny of provisions in employment agreements and separation agreements. These
Continue Reading SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower Rule
On Aug. 7, 2023, Colorado employers’ workplace obligations will change due to the passage of the Protecting Opportunities and Workers’ Rights Act (the POWR Act). The POWR Act, which Governor
Continue Reading New Act Expands Colorado Anti-Discrimination Law and Limits Non-Disclosure Agreements
On the other side of the pandemic, after record numbers of employee resignations, protecting trade secrets is both challenging and being challenged. This article discusses protecting trade secrets and confidential
Continue Reading Staunch Competition – Trade Secrets and Restrictive Covenants
In Morgan v. Sundance, Inc., the U.S. Supreme Court resolved a circuit split regarding whether a party has waived its right to arbitrate. Under the test reviewed by the
Continue Reading Supreme Court Holds Waiving Arbitration Does Not Require Proof of Prejudice
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On 1 August 2022, the Act implementing the EU Directive on Transparent and Predictable Working Conditions (the Act) likely will enter into force, as EU Member States have until
Continue Reading The Act Implementing the EU Directive on Transparent and Predictable Working Conditions: An Overview
The Illinois General Assembly has unanimously passed a bill that will significantly affect the legality of post-employment non-competition and non-solicitation agreements between employers and their Illinois employees entered into after
Continue Reading Illinois Legislature Passes Sweeping Non-Compete and Non-Solicitation Bill
Employers – in light of recent action by the Biden administration, it is time to review and evaluate restrictive covenants being used with your workforce. Courts, state legislatures, and the
Continue Reading The Biden Administration Takes Aim at Noncompete Clauses
Although California generally prohibits non-competition agreements, employers have commonly understood that they could prevent an employee and his or her new employer from using former employers’ confidential information. A recent
Continue Reading California Appellate Court Decision Challenges Enforceability of Employment Agreement Overbroad Confidentiality Provisions
