In 1872, California bucked the common law and the views of many other states by declaring noncompete agreements unenforceable except in narrow and limited circumstances. The crackdown has continued ever
Continue Reading AB 1076 and Noncompete Agreements: California’s Crackdown Continues
In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.”
Continue Reading NY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum
On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a
Continue Reading NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers
In June 2022, the Colorado legislature passed and Gov. Polis signed into law House Bill 22-1317 amending CRS 8-2-113, “Unlawful to intimidate worker – agreement not to compete – prohibition
Continue Reading A Warning for Companies with Colorado Employees Seeking to Enforce Restrictive Covenants and Non-Competition Agreements
On Jan. 5, 2023, the Federal Trade Commission (FTC) took a significant step towards banning noncompete agreements between companies and workers. The FTC proposed a broad rule that would effectively
Continue Reading Federal Trade Commission Seeks Industry Comment On Proposed Noncompete Ban
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
An employer who seeks to enforce a non-compete clause against a former employee in Florida may seek injunctive relief and, depending on whether diversity jurisdiction exists, must decide whether to
Continue Reading Troubled Waters? Navigating Florida’s Non-Compete Statute in the Wake of TransUnion
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