Image by Clker-Free-Vector-Images from Pixabay So much for my blog servers getting a much-needed Friday rest. On Wednesday, White House Press Secretary Jen Psaki held a press gaggle aboard Air Force One en route to Crystal Lake, IL. About halfway through her prepared remarks, she dropped this bomb on employers:…
Articles Posted in Non-Competition
What do restrictive covenants have to do with COVID-19? More than you think.
Image Credit: Maialisa (pixabay.com) Remember back in January, when I told you that restrictive covenants would be the most significant employment law issues for employers in 2020? Well, boy, was I wrong! COVID-19 has locked up this year’s title. However, in light of the coronavirus pandemic, the Federal Trade Commission…
Forget what you heard. THIS, right here, will be the biggest employment law concern for employers in 2020.
SimmeD [CC BY-SA]I’ve seen a lot of ink spilled by employment lawyers about how #MeToo, new overtime rules, medical marijuana, and salary history questions will be the significant issues with which employers would have to deal in 2020. The Federal Trade Commission and I have other ideas. Last week, the…
A first-of-its-kind nationwide ban on non-competition agreements is coming. Possibly.
Image by Clker-Free-Vector-Images from Pixabay In 2016, President Obama signed the Defend Trade Secrets Act into law. A bipartisan approach to creating a nationwide enforcement mechanism, the DTSA prohibits misappropriation of trade secrets in all 50 states. Fast forward to 2019, and the federal government is back at it again…
Seven signs the non-solicitation and non-competition agreements your employees signed may be unenforceable.
User:VasilievVV and user:Jarekt [Public domain], via Wikimedia CommonsOne of the benefits of being a client of this handsome employment lawyer/blogger is a weekly email with links to recent HR news and notes, as well as a bonus HR-compliance tip. The rest of you deadbeats are stuck with only five free weekly…
Does your company use no-hire agreements? Better call a lawyer. Maybe a criminal lawyer.
Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them. But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not…
If you have non-competition agreements with non-exempt employees, now would be a good time to grab some pearls for clutching
Evan-Amos [Public domain], from Wikimedia CommonsSenator Marco Rubio (FL-R) has introduced legislation that, if it becomes law, would be a flamethrower to many of the non-competition agreements that you have with your employees. Have I piqued your interest? It’s called the Freedom to Compete Act. You can find a copy…
A new Senate bill would make your non-compete agreements worth less than the paper on which they’re printed.
By US Army [Public domain], via Wikimedia CommonsLate last week, U.S. Senators Elizabeth Warren (D-Mass.), Chris Murphy (D-Conn.), and Ron Wyden (D-Ore.) introduced legislation to ban employers and employees from entering into non-competition agreements. According to a press release from Senator Warren’s office, the Workforce Mobility Act would accomplish not only…
Can a LinkedIn invitation to connect violate an agreement not to solicit?
Your former employee, the one whom you paid an extra boat load of money to sign a non-solicitation agreement, just sent a bunch of LinkedIn invites to connect with some of your current employees. Has he violated his non-solicitation agreement? That was the precise issue in a case decided…
A lesson on non-competes: What you don’t know, can’t hurt you. Until it does.
Ready, fire, aim. That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee. Ready, fire, aim. When there’s a even a whisper that a former employee has gone to work for a competitor, the former employer often rushes into court,…