As we wait patiently for the comment period on the Federal Trade Commission’s proposal to ban employers from imposing non-competes to close next month, I’m here to tell you now that your business’s non-competition agreements may be dead on arrival anyway.
I’ll explain why. Continue reading
On Monday, the Federal Trade Commission delayed any potential implementation of its proposal to ban employers from imposing noncompetes on their workers by extending the public comment period. With the extension, the FTC will now accept comments on the proposed rule until April 19. The deadline was March 20.
Who knew the handcuff graphic would get so much use in 2023? And it’s only the beginning of February! Continue reading
On Thursday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote about it on Friday and spent the weekend reading all 216 pages of the official “Non-Compete Clause Rule Notice of Proposed Rulemaking.” So, let’s discuss it on Zoom today.
Yesterday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. Continue reading
I love to litigate employment disputes. And restrictive covenant cases are at or near the top of my list. They are fast-paced, usually well-lawyered on both sides, and lucrative. The primary goal of the dispute is to obtain a preliminary injunction — quickly — to stop someone from working. That means obtaining, organizing, and presenting an entire lawsuit worth of evidence in just months or weeks. Continue reading
I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading
Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case.
Hopefully, I have your attention. Continue reading
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 just talking about your social media policy — then you, or your employees, or perhaps both, are looking for trouble.
Just ask a former flight attendant for a major airline. Continue reading
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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. Continue reading
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