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.
With the increasing hostility toward noncompetes over the past decade or so, Delaware had seemed like a safe option for choice of law and forum selection clauses. That may no longer be true.
California has decided that its public policy on noncompetes trumps the public policy of other states. Employees can now flee to California to escape their restrictive covenants.
FTC Chair testified at an oversight hearing before the House Judiciary Committee. She didn’t say much of substance on noncompetes, but so-called “enforcement actions” will continue. The time to take action is now - but don’t throw the baby out with the bathwater.
Before New York joins the ranks of California, Minnesota, North Dakota, and Oklahoma as the fifth state with a complete ban on employee noncompetes, I took the opportunity to write to NY Governor Hochul to explain why caution is warranted.
New York is further along on its way to joining the ranks of California, Minnesota, North Dakota, and Oklahoma as the fifth state with a complete ban on employee noncompetes. Will you be ready?
New York is on its way to joining the ranks of California, Minnesota, North Dakota, and Oklahoma as the fifth state with a complete ban on employee noncompetes. Will you be ready?
Iowa passes modification an amendment to last-year’s noncompete law, and Nevada rejects a ban on physician noncompetes.
The noncompetes bill frenzy continues: 33 states with 84 noncompete bills so far, and 5 more in Congress, 11 dead, 7 passed, 2 about to.
The U.S. House Committee on Oversight and Accountability is investigating FTC Chair Lina Khan. Next up, an investigation into NLRB GC Jennifer A. Abruzzo?
U.S. Chamber of Commerce calls the NLRB’s finding that most noncompetes are illegal a “blatantly unlawful overreach” and will challenge it.
The NLRB General Counsel leapfrogged the FTC to ban noncompetes. Here’s what you need to know and do now for your non-supervisor employees.
Our 50-state (plus DC) chart of noncompete laws has been updated for Kentucky (healthcare exemptions), Maryland (low-wage), and Minnesota (total noncompete ban), and is available here.
Minnesota is set to join the ranks of California, North Dakota, and Oklahoma as the fourth state with a complete ban on employee noncompetes. Will you be ready?
As predicted, the FTC is continuing to bring enforcement actions against companies using noncompetes. Are you ready?
Maryland will be increasing its threshold for the use of noncompetes with low-wage workers starting October 1, and again each of the next few years.
Education comes at a price. But not this time. Beck Reed Riden is making available its Ten Minute Trade Secret Training Series videos freely available - and available for free. With the FTC rule banning noncompetes on the horizon and more states limiting the use of noncompetes, it is now more imperative than ever before that companies and employees take steps to protect their trade secrets, other confidential information, and customer relationships.
Episode 22 of Fairly Competing is out! Join us for a discussion of some practical problems with the Defend Trade Secrets Act, John Marsh’s ideas for amendments to fix them, and our plan to try to make the fixes happen.
Once again, we have resounding unanimity on the issues and recommendations to the FTC, as they consider whether to move forward with their plan to ban noncompetes, as well as some nondisclosure agreements and other restrictive covenants. Over 100 lawyers who practice extensively in the area of trade secret and restrictive covenant law agree: federal regulation is likely inappropriate, definitely premature, and, in any event, should be limited.
The ramp-up to legislatively limit noncompetes continues: there have been 25 states with 74 noncompete bills so far this year, and 4 more are pending in Congress; 2 dead, 1 passed, 1 about to.