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Articles Posted in Trade Secrets and Restrictive Covenants

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Join me for a new limited-run podcast called “Working Class”

From the creator of the blog that brought you, Did I ever tell you about the employee that called the owner a “f***ing crook”? and Dammit! They’re practically twisting my arm to blog about union-related stuff comes something new and exciting! I’m part of a new podcast called Working Class. Working…

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It’s 2022. Time for an employee handbook update. Start by adding the word “TikTok.”

A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not…

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Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. On Friday morning, the White House…

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Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?

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:…

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What do adult toys and X-rays have to do with protecting trade secrets?

Image by Tayeb MEZAHDIA from Pixabay I’ve been revising a lot of NDAs recently — not to be confused with N.W.A.s. Although, sometimes, I do listen to N.W.A. while updating nondisclosure agreements. My curious legal listening habits notwithstanding, there is a practical employment law point I’d like to make here.…

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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…

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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…

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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…

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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…

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Yes, you can be fired for cursing about clients in the office bathroom

MarkBuckawicki [CC0], via Wikimedia CommonsIf I were the boss, I’d fire anyone for talking in a public office restroom. Period. Full stop. But, carrying on and cursing about clients of the company is certainly a terminable offense. Just ask the National Labor Relations Board. Here’s the setup: Two employees entered…