Labor and Employment Law

Recent Posts

States With Pro-Employee Laws: Advance Notice of Noncompete Agreement
Posted on 12 Nov 2014 by Donna Ballman

In most states, like my home state of Florida, employers can present employees with a noncompete agreement and demand it be signed on the spot. In states like Florida where continued employment is allowed as valid consideration for a noncompete agreement... Read More

How To End Sandwich Noncompetes?: Tie Them To CEO Pay
Posted on 20 Apr 2015 by Donna Ballman

Problem 1: CEO Pay Gap CEO pay has been in the news a lot lately, and for good reason. CEOs make, on average, about 300 times what their average workers make. Hillary Clinton has made CEO pay part of her campaign. Where CEO pay jumped an average 13% in... Read More

Beware the Trojan Horse of "Rewards" With Noncompetes
Posted on 2 Nov 2015 by Donna Ballman

Your boss and HR deliver the great news: the company loves and appreciates you. It wants to reward you. Maybe they're "giving" you a retention bonus, stock, options, or some other reward that sounds like a heap of money for free. But beware... Read More

Mediating Non-Compete Disputes in the Medical Device Industry
Posted on 22 May 2013 by Fisher & Phillips LLP

by Michael R. Greco The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth... Read More

U.S. Supreme Court: Arbitrator Must Decide on Validity of Noncompete Agreement
Posted on 26 Nov 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court failed to properly apply a basic tenet of the Federal Arbitration Act (FAA) when it declared the noncompete agreement in two employment contracts null and void rather than leaving the determination... Read More

Enforceability of Noncompete Agreements Post-Merger
Posted on 10 Oct 2012 by Margaret (Molly) DiBianca

The enforceability of a noncompete agreement can vary greatly by State. When drafting a noncompete agreement or restrictive covenant, a critical decision will be which State's law should apply in an enforcement dispute. Delaware employers have very... Read More

Backlash To Sandwich Noncompetes: Three States Propose Bills To Limit, Ban Noncompetes
Posted on 16 Mar 2015 by Donna Ballman

After the world woke up and discovered a "secret" everyone who practices employment law already knew, that noncompete agreements are becoming so common even low-level employees like sandwich makers and dog groomers are being required to sign... Read More

Noncompete Agreements: New NH Law Restricts Enforcement
Posted on 27 Jul 2012 by Martha J. Zackin

New Hampshire became the latest state to enact a law pertaining to noncompete agreements. Effective July 14, 2012, New Hampshire law ( H.B. 1270 ) now requires that: Prior to or concurrent with making an offer of change in job classification or an... Read More

Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants
Posted on 11 Nov 2010 by GreenbergTraurig

by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 8, 2011)
Posted on 8 Aug 2011 by Foley & Lardner LLP

Noncompete Enforcement in California: The Times They Are a Changin' By Jeffrey S. Kopp We all may know that California does not permit enforcement of most noncompete agreements. Despite this broad prohibition, the federal court's recent decision... Read More

Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants
Posted on 11 Nov 2010 by GreenbergTraurig

by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 8, 2011)
Posted on 8 Aug 2011 by Foley & Lardner LLP

Noncompete Enforcement in California: The Times They Are a Changin' By Jeffrey S. Kopp We all may know that California does not permit enforcement of most noncompete agreements. Despite this broad prohibition, the federal court's recent... Read More