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The Latest Non-Compete Hits

By Rob Radcliff on October 7, 2019

Here’s a smattering of cases/disputes that are out there: Interesting article about two cases from Ohio involving a cookie entrepreneur and taco restaurant chain owner; Not in the employment world – but a Michigan judge shut down the construction of a hotel after determining it violated a non-compete; The typical pharmaceutical sales rep case – this one from Kansas City (paywall); A non-compete case from East Texas where a doctor sued a group…

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New Overtime Rules (Finally)

By Rob Radcliff on October 1, 2019

We’ve been following the overtime rule changes since 2016. The changes stalled out for various reasons but the US Department of Labor under the Trump Administration has delivered its new regulations which are effective January 1, 2020. Some of the key points: the minimum base salary for exempt employees moves up from $455 a week to $684 a week ($23,660 annually to $35,568 annually) the total annual compensation for “highly compensated employees” increases from $100,000…

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Don’t Play Defense On Your Non-Compete

By Rob Radcliff on August 27, 2019

Employers don’t spend enough time considering their non-competes. That’s an overly broad statement, but it is usually the rule not the exception. The reason that happens kind of makes sense. Most employers haven’t been down the road of enforcing a non-compete. The provision at issue may be a one-off that’s included in one employment agreement or one that has been altered over time. Point is there is no judicial experience with the non-compete. The employer…

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Anti-Poaching Provisions in Texas Employment Contracts

By Rob Radcliff on June 17, 2019

Last week, Google said it was no longer going to enforce its anti-poaching provision that includes in its employment contracts. I don’t see them going anywhere as it relates to Texas employers/employees. Under Texas law, an anti-poaching provision has to satisfy the Texas non-compete statute meaning it has to be ancillary to an otherwise enforceable agreement and reasonable in time and scope. The provision will attempt to limit a departing employer from hiring a…

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Mandatory Sick Leave Coming to Dallas – What’s next?

By Rob Radcliff on June 11, 2019

Over the past few months we’ve been tracking the interplay between various Texas cities (San Antonio – Dallas – Austin) and the Texas legislature. The aforementioned city councils adopted in similar form and fashion mandatory leave policies for employees within city limits. The Dallas version provides for the following: In effect August 1, 2019 for employers with 15 or more employees and August 1, 2021 for smaller businesses; All for-profit and non-profit businesses…

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City of Dallas Requires Paid Sick Leave

By Rob Radcliff on May 15, 2019

Following a number of other cities in Texas including Austin and San Antonio, the Dallas City Council approved an ordinance requiring paid sick leave for Dallas employees. The highlights of the ordinance: In effect August 1, 2019 for employers with 15 or more employees and August 1, 2021 for smaller businesses; All for-profit and non-profit businesses required to provide paid sick-leave; An employee is entitled to one hour of leave for every 30 hours…

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Watch Out for City/County Employment Laws

By Rob Radcliff on April 1, 2019

In Texas, cities are attempting to enact legislation that mandates paid time off/sick leave. In February, the City of Austin passed a paid-time-off ordinance. It does not go into effect until October. In the meantime lawsuits have been filed to stop the ordinance and there are efforts in the Texas legislature to prevent such ordinances. Today, I read in the Dallas Morning News that the City of DeSoto has become the first North Texas…

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Round 2 – Overtime Rules

By Rob Radcliff on March 19, 2019

Towards the end of the Obama administration, the Department of Labor announced standards that would expand overtime coverage. Here is a run down from what was proposed from a post way back in 2016: The new “White Collar Rule” for exempt/non-exempt from the Department of Labor kicks in on December 1, 2016. In short, employers will no longer be able to treat “white collar” employees that make more than $47,476 per year as exempt and…

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Loose Lips Sink Ships

By Rob Radcliff on February 14, 2019

At the outset of most employment relationships, the employer will have an employee sign a litany of documents ranging from a IRS form W4 to a non-compete agreement. Buried within those documents is usually some form of a confidentiality agreement. Within the agreement the employee agrees not to share any of the employer’s confidential information while an employee and after they depart. Sometimes the agreement is referred to as a non-disclosure agreement or NDA. Here…

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Latest Texas Non-Compete Lessons

By Rob Radcliff on February 5, 2019

I recently finished a hard fought non-compete case that settled the day before trial. Unlike most non-compete cases that resolve themselves early on during the temporary injunction fight, this non-compete contained a liquidated damages provision that specified the damage number in the event of a non-compete breach. The terms of the non-compete prevented the employer from seeking injunctive relief – the only remedy was the liquidated damages clause. The trial court ruled the non-compete was…

Weinstein Radcliff Pipkin

Weinstein Radcliff Pipkin Blogs

Blog Authors

The Latest Non-Compete Hits

New Overtime Rules (Finally)

Don’t Play Defense On Your Non-Compete

Anti-Poaching Provisions in Texas Employment Contracts

Mandatory Sick Leave Coming to Dallas – What’s next?

City of Dallas Requires Paid Sick Leave

Watch Out for City/County Employment Laws

Round 2 – Overtime Rules

Loose Lips Sink Ships

Latest Texas Non-Compete Lessons

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