In case you were wondering which states changed their noncompete laws in the past decade or so, we updated our list with links to detailed information about each of the changes.
Episode 23 of Fairly Competing is out! Join us for a discussion of California’s updated anti-restrictive covenant laws, what the laws purport to do them, and what companies can do to limit the impact of the new laws.
The sky is not falling on noncompetes. Here is everything you need to know about key developments in the states, Congress, federal agencies, and the courts in 2023.
If you want to see how ChatGPT can affect the practice of law, we have another example. This is a response to a cease and desist letter inspired by the poem, ’Twas the Night Before Christmas.
The Governor has rejected and will veto the noncompete ban proposed by the New York Legislature, despite urging from the Federal Trade Commission.
New York is continuing to move from a noncompete ban to some type of a wage threshold on noncompetes.
The FTC’s letter to Governor Hochul suggests that the FTC is leaning toward a full ban and is (quite properly) concerned about its own power to issue one.
New York is inching closer to some type of a ban on noncompetes, but New York’s Legislature has failed to address defects identified by Governor.
When employees change jobs, everyone is at risk: the employee; the former employer; and the new employer. On-boarding is last, best opportunity to prevent potential problems before they arise. There are easy steps employees and new employers can take to minimize the impact.
Off-boarding and on-boarding are perhaps the two most critical junctures in the employment lifecycle. When employees change jobs, everyone is at risk: the employee; the former employer; and the new employer. But there are easy steps employees, former employers, and new employers can take to minimize the impact.
An ounce of prevention is worth a pound of cure. We have updated our checklist for protecting trade secrets.
Eleven states and Washington, D.C. have wage thresholds or other criteria that must be satisfied before a noncompete can be used. Several of those states have thresholds for other restrictive covenants as well. Seven will increase in 2024. Will your noncompetes and other restrictive covenants be compliant?
New York will not become the fifth state with a noncompete ban. New York’s Governor Hochul is neither persuaded by nor hiding behind the rhetoric and political expediency of a ban of noncompetes.
The recording of a roundtable brainstorming session among more than 40 restrictive covenant / trade secret / employee mobility lawyers from around the country discussing the nationwide impact of California’s new, expanded anti-restrictive covenant laws is now available. The conclusion? Houston, we have a problem.
Our 50-state (plus DC) chart of noncompete laws has been updated to reflect a Nevada Supreme Court decision and is available here.
Two new California laws will fundamentally alter the national noncompete landscape, effectively voiding other states’ laws and contracts, and adversely impacting companies’ ability to protect their trade secrets, confidential business information, customer goodwill, and other legitimate business interests. Join us and over 40 other lawyers for a roundtable brainstorming session.
The aesthetics spa charged by the General Counsel of the National Labor Relations Board (NLRB) with engaging in unfair labor practices for using restrictive covenants is seeking to have the case dismi...
The Delaware Supreme Court heard oral arguments today about the standard applicable to forfeiture-for-competition provisions.
California passed another anti-noncompete, anti-nonsolicit law. The law says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
Another anti-noncompete, anti-nonsolicit bill in California is now on the Governor’s desk. The bill says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
FTC and DOL have entered an MOU to “protect” workers from noncompetes, nondisclosure agreements, and other restrictive covenants.
Noncompetes are under attack by legislatures, federal agencies, Congress and others. But the sky is not falling. Noncompetes are not dead.
Our 50-state (plus D.C.) noncompete law chart has been updated to reflect various state law changes, and is available here.
The NLRB is testing its theory that noncompetes and other covenants constitute unfair labor practices under the NLRB. Employers take note.