Tag: noncompete agreements

Take steps to ensure smooth transitions when terminating employees

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 […]

New Illinois law bans noncompetition agreements for low-wage workers

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 […]

Utah law puts new limits on noncompete agreements

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 […]

New Alabama noncompete law starts in January

by Al Vreeland A bill signed into law over the summer will significantly strengthen Alabama employers’ ability to enforce noncompete agreements when the law takes effect January 1, 2016. The state’s old noncompete statute makes a broad statement that noncompete agreements are void. It then creates several exceptions into which courts have shoehorned the modern […]

Moonlighting: From political candidates to your employees

by Kylie Crawford TenBrook It may only be April 2015, but the 2016 presidential race has officially begun. On Monday, the New York Times listed 12 Republicans and four Democrats who have expressed an interest in running for their party’s 2016 presidential nomination in the article Who Is Running for President (and Who’s Not)? Three […]

Disgruntled employees: What are the risks, what are the remedies?

HR professionals know the tips and tricks to keep from making bad hires. There’s never any certainty, but smart professionals armed with strong interviewing skills and solid job descriptions stand a better than good chance of weeding out bad hires on the front end. But what does the savvy HR pro do about “bad quits” […]

Illinois court makes noncompete agreements harder to enforce

by Steven L. Brenneman In a decision handed down June 24, the Illinois Appellate Court, First District, found a restrictive covenant unenforceable because of a lack of adequate consideration (something given in return for the employee’s agreement not to compete). The court ruled there must be at least two years of continued employment to constitute […]

New Oklahoma law confirms enforceability of nonsolicitation agreements

Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer. For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period […]

Supreme Court ruling bolsters use of mandatory arbitration

by Charles S. Plumb Employers requiring employees to submit disputes to mandatory arbitration rather than filing a lawsuit got a boost from a November 26 U.S. Supreme Court ruling in an Oklahoma case. In the case, two employees of Nitro-Lift, a provider of services to oil and gas well operators, left their jobs to work […]

Criminalization of Employment Law: A New Risk for Managers?

by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]