According to Bloomberg, The Federal Trade Commission (“FTC”) is not expected to vote on the final version of a new rule that would ban non-compete clauses in employment contracts until April 2024. The rule defines a “non-compete clause” as “ a contractual term between an employer and a worker that prevents the worker from seeking […]
Continue ReadingIt is no secret that political winds are blowing against the practice of employers requiring certain employees to sign non-competition agreements, as demonstrated most saliently earlier this year when the Federal Trade Commission (“FTC”) introduced its proposed rule that would ban non- competes nationwide, with retroactive effect. While thousands of comments have been submitted to […]
Continue ReadingOn February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA” or “Act”). The severance agreement provisions before the Board contained extremely broad restrictions and […]
Continue ReadingThe Board sent shockwaves through employment law in its February 21, 2023, decision in Mclaren Macombwhich held that simply offers a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”). We previously blogged about the mclaren decision and encourage you to read that post for a summary of […]
Continue Readingour colleagues Peter A. Steinmeyer, Erik W. Weibustand Angel A. Perez co-authored an article in Thomson Reuters Practical Law’s The Journalentitled “Restrictive Covenants: Ethical Issues for Attorneys.” Following is an excerpt: Companies across the US commonly use non-compete agreements and other restrictive covenants to protect the company’s legitimate business interests. These agreements are used with […]
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