On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law renders unenforceable
Restrictive Covenant Report
A blog on restrictive covenants, trade secrets, and unfair competition for employers
The Restrictive Covenant Report, published by Jackson Lewis P.C., focuses on legal developments and regulatory changes related to restrictive covenants in employment agreements. The blog covers topics such as non-compete agreements, no-poach agreements, garden leave provisions, and geographic and temporal limitations on restrictive covenants. It tracks legislative updates across various states, including new laws affecting healthcare practitioners and physicians, and analyzes the impact of these laws on employer and employee rights. The blog also discusses court interpretations and enforcement trends, providing insights into how restrictive covenant laws evolve and affect workforce mobility and employer protections.
Latest from Restrictive Covenant Report - Page 2
California Enacts Legislation to Support State’s Prohibitions on Employee Restrictive Covenants
On September 1, 2023, Governor Newsom signed Senate Bill (SB) 699, which buttresses current state law that voids contracts that restrain an employee from engaging in a lawful profession, trade, or business of any kind. California’s Business and Professions…
More On The Federal Effort to Ban Non-Competes: The FTC’s Proposed Rule and the Workforce Mobility Act of 2023
In the world of restrictive covenants, 2023 got off to a hot start when, in early January, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to broadly ban the use of non-compete covenants nationally. Now, Congress…
A More Thorough Review of the FTC’s Proposed Non-Compete Rule
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to broadly ban the use of non-compete covenants throughout the country. The proposed rule, which would supersede all contrary state laws, is remarkable for…
FTC Proposes Rule Broadly Banning Use of Non-Compete Agreements
The Federal Trade Commission (FTC) has issued a Notice of Proposed Rulemaking to broadly ban the use of non-compete covenants throughout the country. The proposed rule, which would supersede all contrary state laws, would extend to “de facto” non-compete clauses,…
D.C. City Council Blinks, Rolls Back Non-Compete Ban
Having initially enacted a total ban on non-compete agreements that went so far as to ban prohibitions against moonlighting with competitors, the District of Columbia City Council has significantly changed the law’s scope. Details of the amended D.C. “ban,” including…
Colorado Governor Signs Non-Compete Bill, Further Limiting Use of Agreements and Increasing Non-Compliance Penalties
Governor Jared Polis has now signed HB 22-1317, significantly limiting the enforceability of non-compete agreements executed after August 10, 2022 — the law’s effective date — for employers with employees working or living in Colorado. For details of, and…
New Jersey Legislature Continues Efforts to Significantly Limit Restrictive Covenants
On May 2, 2022, the New Jersey State Assembly introduced Assembly Bill (AB) 3715 that, if enacted, would significantly limit the use and enforceability of certain restrictive covenant provisions, while mandating additional procedural requirements. AB 3715 is similar to prior…
Colorado Senate Passes Non-Compete Bill to Further Limit Use of Agreements and Increase Non-Compliance Penalties
The Colorado Senate recently passed House Bill 22-1317 which, if enacted into law, would significantly limit the enforceability of any non-compete agreements executed after the law’s effective date for employers with employees working or living in Colorado. If Governor Polis…
D.C. Non-Compete Ban Applicability Date Postponed to October 1, 2022
As reported in a web article prepared by our D.C. colleagues Matt Nieman, Joe Schuler, Caroline Cheng, and Alyssa Testo, found here, the District of Columbia Council again has deferred the “applicability date” of the D.C. Non-Compete Ban, this…