Employment Contracts

Employees can tell it like it is (or isn’t)

04/06/2023

The National Labor Relations Board has issued a broad decision invalidating these non-disclosure and non-disparagement agreements when offered in conjunction with severance pay in a union setting. Even offering a severance package contingent on employees signing these agreements is out of bounds, according to the decision.

HR, business groups oppose noncompete ban

01/24/2023

Banning noncompete agreements, the Federal Trade Commission contended, “could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.” The U.S. Chamber of Commerce last month vowed to sue to stop the rule from being implemented.

The feds are coming for your company’s noncompete agreements

01/18/2023

The Federal Trade Commission proposed a new rule on Jan. 6 prohibiting employers from imposing noncompetes on their workers. Here are some of the biggest questions regarding the huge announcement.

FTC proposes ban on non-compete clauses

01/10/2023

The Federal Trade Commission proposed the Non-Compete Clause Rule on Jan. 5, which would prohibit employers from entering non-compete agreements with employees and would rescind existing agreements.

Speak Out Act means changes for NDAs

12/20/2022

Many employers require new employees to sign NDAs on the day they are hired. The agreements prevent employees from speaking out about a variety of workplace disputes. The Speak Out Act makes such NDAs unenforceable.

Bill voids NDAs in sexual harassment cases

11/22/2022

The Speak Out Act voids any nondisclosure agreements in sexual assault or harassment cases. The bill passed Nov. 16 in the House, and the Senate passed the bill by unanimous consent in September.

One job at a time, please

10/25/2022

Moonlighting, or working a second job, has always existed as a feature of the after-hours workplace. But computers and remote work have brought the temptation to work two or even three jobs into the daylight.

Banning noncompetes for the nonexempt

09/22/2022

Rep. Mike Garcia (R.-Calif.) introduced the Restoring Workers Rights Act on Sept. 1 2022, a bill that would ban the use of noncompetition agreements for nonexempt employees across the country.

Heads up, California employers: Supreme Court limits PAGA

06/21/2022

The Supreme Court rules: Federal Arbitration Act takes precedence when claims allege violations of a California’s PAGA law.

Is your noncompete killing a fly with a sledgehammer?

06/16/2022

Use discretion and common sense. Narrowly tailor your restrictive covenant agreements to the specific interests you are trying to protect.