Tag: noncompete agreements

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.

DOJ Urges State Court to Use Antitrust Principles to Invalidate Noncompetes

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.

Top 10 Noncompete Law Developments of the Past Year

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.

6th Circuit Rules on Stolen Trade Secrets, Noncompetes

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.

It’s Time to Review Your Noncompete Agreements

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 […]

biden

Workplace Issues a Biden Administration May Tackle, Stay Tuned

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.