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.
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
The rest of you deadbeats are stuck with only five free weekly blog posts. Continue reading
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