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
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
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
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
The past few years have seen increased scrutiny of practices and agreements (and employers that use them) that are viewed by some as anti-competitive, including no-poach agreements and non-solicitation agreements.
Continue Reading Take Care With No-Poach Practices and Non-Solicitation Agreements
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
The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in
Continue Reading A Non-Compete Law Roadmap for Tech Start-Ups in Key Jurisdictions
The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 24L, has been the law of the Commonwealth for almost four months. The statute only applies to agreements entered into between
Continue Reading Impact of New Massachusetts Noncompete Law on Emerging Tech Companies
Many employers and attorneys assume that covenants not to compete found in employment agreements are not enforceable against California residents absent narrow exceptions, and that courts would reject any attempt
Continue Reading California Employee Can Agree to Non-Compete Clause When Represented by Counsel