Noncompete agreements between employers and their employees traditionally are governed by state law. But that didn’t stop the Antitrust Division of the U.S. Department of Justice (DOJ) from recently filing a statement of interest encouraging a Nevada state court to consider federal antitrust principles to invalidate noncompete agreements between a large medical group and its physician-employees.
Tag: noncompete agreements
Lawmakers and courts continued to demonstrate hostility toward noncompete and no-hire agreements in 2021. The activity underscores employers’ need to stay current on the diverse state-specific limitations governing restrictive covenants, new federal activity in the area, and ongoing case law developments.
The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) barred two former employees from using stolen trade secrets for their new business but vacated the lower court’s judgment enforcing a three-year noncompete agreement because the employer hadn’t proven the restriction was reasonable.
The 2021 Oregon legislative session imposed further limitations on noncompetition agreements. Before the law becomes effective on January 1, 2022, you should review your agreements to ensure they provide the best possible protection. New Limits on Noncompetes Senate Bill (SB) 169, which passed during the 2021 Oregon legislative session, further limits employers’ ability to use […]
Today is the day that Joe Biden becomes our 46th president. As Biden is being sworn in, it’s beneficial to look ahead at what his administration’s employment law agenda might look like. Now that Democrats control all three levels of government, employers could be hit with many new laws and regulations in the years ahead.
A new law in North Dakota slightly expands exceptions allowed under state law related to contractual noncompete provisions.
by Mark I. Schickman We wrote last May about the kerfuffle between ABC-TV and Kelly Ripa when the network moved Live! with Kelly and Michael cohost Michael Strahan off the show behind her back (see “Pop quiz: Will she be Ripa roaring mad?”). The diminutive Ripa and the global network have since kissed and made […]
by Thomas J. Lloyd III One of the most difficult aspects of running a business can be managing the personnel, especially when it comes to terminating employees. Some people say that the three most important things in life are your health, your family, and your job. When the time comes for a business to take […]
by Steven L. Brenneman The Illinois Freedom to Work Act, which will ban noncompetition agreements for low-wage private-sector employees, goes into effect on January 1. The law defines a “low-wage employee” as an employee who earns the greater of the applicable federal, state, or local minimum wage or $13 per hour. Therefore, the law initially […]
by Ryan B. Frazier A new law passed by the Utah Legislature and signed by Governor Gary Herbert places new restrictions on noncompetition agreements signed after May 10. All requirements imposed under common law not specifically changed by the new law are still applicable, meaning that noncompetition agreements must protect a legitimate business interest of […]