Tag: noncompete agreements

The End of Non-Competes? What HR Professionals Need to Know About the FTC’s Latest Ruling

Non-compete agreements, often used to protect business interests by restricting the ability of employees to enter into competition with their former employers, have been a staple in employment contracts for years. As detailed in our previous discussion on non-compete agreements published on March 4, 2024, these agreements are designed to safeguard trade secrets and investments […]

Navigating the Sometimes Tricky Terrain of Noncompete Agreements

In a competitive business environment where human talent often represents an organization’s most important asset, noncompete agreements serve as important tools to help companies safeguard their proprietary information and maintain a competitive edge. But these legal contracts, designed to prevent employees from entering into direct competition with their former employers for a specified period after […]

Time to Review Policies? The Impact of the NLRB’s Latest Pro-Employee Moves

The National Labor Relations Board (NLRB) has made a series of pro-employee moves over the past few months that have significant adverse implications for employers. To recap, the NRLB’s recent actions have included: A Closer Look at the Recent NRLB Actions In February 2023, the NLRB ruled that the National Labor Relations Act (NLRA) prohibits […]

If Noncompetes Are Gone, What’s Next?

Protecting against intellectual property theft and unauthorized disclosure of confidential business information has always been an important practice for businesses, yet the continuing evolution of the labor market post-COVID has increased the risk of intellectual property loss due to employee mobility and remote work. Employers have traditionally turned to noncompete, nonsolicitation, and confidentiality agreements to […]

Preventing Competitors from Tapping Your Secrets

Many companies accumulate trade secrets, such as pricing schemes, business plans, and production shortcuts, but they don’t want competitors to tap into this private reserve of knowledge. The easiest way  for a competitor to obtain these secrets is by hiring one of your key employees. A recent case from the U.S. 5th Circuit Court of […]

Noncompete Contracts Protect Your Business in a High-Turnover Job Market

In a job market with high turnover rates, noncompete contracts are useful ways to protect your business in industries that are susceptible to damage when an employee brings knowledge of internal operations to other companies. This article is meant to help you decide whether your business would benefit from a noncompete contract for your employees […]

Dispute Over Unsigned Arbitration Agreement Means Judge Must Wear Detective’s Cap

On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. It reversed a trial court’s order compelling arbitration, finding that the terminated employee’s failure to sign or acknowledge receipt of an arbitration agreement presented a factual […]

Focus on Noncompetes Increases After the Great Resignation

We’re hearing from business clients what we’re all seeing in the headlines: Employees are hard to hire and retain these days. “The Great Resignation” is a new phrase used to describe the unprecedented level of employee movement in the past year. A natural consequence of this phenomenon is that noncompete agreements are being tested now […]

Can Hypotheticals Render Restrictive Covenants Unenforceable?

On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can and cannot include in noncompete clauses with severed employees.