On August 20, 2024, a Texas federal judge permanently barred the implementation of a controversial Federal Trade Commission (FTC) regulation that would have invalidated tens of millions of existing non-compete agreements and precluded the adoption of new covenants. The decision comes as a tremendous relief to employers that feared the FTC’s regulation would have made … Continue Reading
Squire Patton Boggs Summer Associate Gabrielle Martin summarizes substantial changes to Illinois’ Freedom to Work Act included in recently-passed legislation which will impose significant new requirements and limitations on the use of non-competition and non-solicitation covenants in Illinois. Joining an emerging trend among the states to place statutory limits on the ability of employers to … Continue Reading
State legislatures have been busy in 2021 passing new employment-related laws. Here we look at some of the highlights of new laws in Connecticut, Illinois, Ohio, New York, Pennsylvania, and Washington, D.C. Connecticut is the latest state to prohibit discrimination based upon traits historically associated with race, including hair texture, protective hairstyles such as wigs … Continue Reading
In Part One of our year-end State Law Roundup, we covered national minimum wage developments and developments in states at the beginning of the alphabet: California, Colorado, Connecticut, Georgia, and Hawaii. In Part Two below, we look at developments in the rest of the states (and localities), from Illinois to Washington D.C. Illinois: Illinois employers … Continue Reading
It’s been an active few weeks since our last State Law Round-Up in mid-April 2019, with a number of bills being signed into new laws and case developments impacting employers in many US states over the past few weeks. Colorado Failure to Pay Wages as Theft Effective January 1, 2020, an employer’s failure to pay … Continue Reading
On March 8, 2018, the Colorado Court of Appeals issued much-needed guidance regarding C.R.S. 8-2-113(3) in Crocker v. Greater Colorado Anesthesia, P.C. (“GCA”). This statutory provision provides that “any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians which restricts the right of a physician to practice medicine . . … Continue Reading
Restrictive covenants in employment contracts are a bit like lifejackets: it’s nice to have them there and you hope that they will fit you in an emergency but you would really prefer not to have to use them. That said, if the time comes and your employees are approached by a competitor in breach of … Continue Reading
On 16 June, following a Government Call for Evidence, we sent out a survey to over 4,000 of our clients and contacts in HR and Legal teams to ascertain attitudes to the use of restrictive covenants in contracts of employment and their inhibiting impact, if any, on competitiveness in the UK market. Our respondents ranged … Continue Reading
Last week, the Delaware Chancery Court in Ascension Insurance Holdings, LLC v. Underwood refused to grant injunctive relief to a Delaware company seeking to enforce a non-compete agreement against a California resident. In that case, Mr. Underwood, a California resident, participated in a sale of business assets and their associated goodwill to the Delaware company. … Continue Reading
In recent webinars and workshops we have discussed the issues presented by the use of social networking sites, particularly LinkedIn, by employees who leave to join a competitor or set up on their own. Last week, written judgment was handed down in relation to an injunction application in the case of Whitmar Publications Limited v … Continue Reading
