In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers. (See our post here.) Under the proposed rule, an agreement between an … Continue Reading
As we previously reported, the National Labor Relations Board (“NLRB,” or “the Board”) decided last month in McLaren Macomb, 372 NLRB No. 58, that an employer commits an unfair labor practice (“ULP”) when it presents a non-supervisory employee with a severance agreement containing broad confidentiality and/or non-disparagement provisions. The Board reasoned that even proffering an … Continue Reading
The Czech Ministry of Labour and Social Affairs has proposed two draft Bills that will introduce major changes to Czech employment law this year. Although the legislation is currently still in draft form, we recommend that employers start preparing for the changes ahead now, as the new rules will come into force shortly after the … Continue Reading
On January 4, the United States Federal Trade Commission (FTC) issued complaints against three employers alleging that they unlawfully imposed non-competition restrictions on employees, including low-wage workers, that barred the employees from seeking or accepting post-termination employment with a competing business. The complaints allege that the employers’ requirement that employees enter into these non-competition agreements … Continue Reading
Earlier this year, we reported that Congress amended the Federal Arbitration Act to preclude compulsory binding arbitration of sexual assault and sexual harassment claims. This past week, Congress went a step further, passing the Speak Out Act, S. 4524, which is aimed at prohibiting prospective, pre-dispute non-disclosure and non-disparagement agreements that prevent employees from discussing … Continue Reading
