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…
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…
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…
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…
Image Credit: Pexels.com (https://www.pexels.com/photo/facebook-glasses-privacy-privacy-policy-267372/) Asking for a friend, of course. A bunch of your employees just resigned, set up a competing venture, plundered a bunch of your trade secrets, and have begun contacting your customers. But, hold up! Your IT administrator examined their company laptops and struck gold! He reviewed…
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…
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…
Image Credit: Pixabay.com (https://pixabay.com/en/stamp-characters-label-informant-143799/) Until a few years ago, if an employer wanted to pursue a claim for misappropriation of trade secrets, it probably had to do so in state court under state law. The Defend Trade Secrets Act of 2016 changed all that. The DTSA is a federal law that created a…
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…
Especially if you overlook that non-solicitation agreement you signed with your prior employer… Early last month, I blogged here about a situation involving an individual who: signed a non-solicitation agreement with Company A; left Company A to work for Company B; and invited some former Company A employees to connect…