Law Firm
Maine and Iowa Enact Job-Specific Limitations on Noncompetites
The two states recently have enacted restrictions on noncompete agreements being used in certain professions. In Maine, on June 1, 2023, the Governor signed into law LD 688/HP 457, entitled “An Act to Protect Access to Veterinary Care by Prohibiting Noncompete Agreements.” The act amends Maine Revised Statute title 26, § 599-A, which already prohibits […]
New York State Senate Passes Bill to Ban Noncompete Agreements
New York State may soon join the growing list of restricting jurisdictions or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking, requiring, demanding, or accepting certain noncompete agreements. If adopted and signed into law, the Bill would significantly change the […]
Illinois Court Requires Express Delineation of Any Non-Employment Consideration for a Restrictive Covenant
For the last decade, one of the biggest issues in the Illinois noncompete law has been what constitutes adequate consideration for a post-employment restrictive covenant, apart from employment lasting at least two years after the agreement was signed. The “24 month rule” set forth in Fifield v. Premier Dealer Services, Inc.2013 IL App (1st) 120327 […]
NLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees
The National Labor Relations Board’s top lawyer, Jennifer Abruzzo, issued a General Counsel memo today instructing the Labor Board’s Regional Directors of her position that noncompete clauses for employees protected by the National Labor Relations Act (NLRA) (ie., nonmanagerial and nonsupervisory employees) in employment contracts and severance agreements violate federal labor law except in limited […]
Senators Release Report from Government Watchdog on the Prevalence and Economic Effects of Noncompete Agreements Amid Intensifying Federal and State Efforts to
On May 17, 2023, US Senator Rob Wyden (D-OR) announced the release of a long-awaited report on the US Government Accountability Office’s multi-year investigation into the use of noncompete agreements across the US labor market. In announcing the release, Senator Wyden said that the GAO report “highlights the problems of noncompete agreements – particularly their […]