Articles Posted in Trade Secrets and Restrictive Covenants

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. Continue reading

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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. And it involves sex toys.

Really, Eric?!?

Continue reading

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. Continue reading

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 with another bipartisan bill — this time, legislation taking on non-competition agreements. Continue reading

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User:VasilievVV and user:Jarekt [Public domain], via Wikimedia Commons

One 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 blog posts. Continue reading

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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 to hire the others’ employees during their business relationship and for some time after it ends?

That must be legal too, right?

Probably not. Continue reading

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