Last month, Washington, D.C. Mayor Muriel Bowser signed the Ban On Non-Compete Agreements Amendment Act of 2020, which becomes effective next week.  This law is a statutory ban on non-compete agreements that has the strength of similar bans in California, North Dakota, and Oklahoma. 
Continue Reading Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

California is well known for its broad restrictions relating to non-competition clauses applicable to workers. After a recent decision by the Federal Circuit, such notoriety may extend to the patent realm. Employers should beware to not fall into this employment agreement trap.
Continue Reading Employment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses

Earlier today, Eastern District of California Judge Kimberly Mueller granted a preliminary injunction, prohibiting the state of California from enforcing AB 51, which sought to prohibit companies in California from requiring arbitration agreements as a condition of employment. 
Continue Reading California Court Grants Preliminary Injunction Against Law Prohibiting Arbitration Agreements As A Condition of Employment

Restrictive covenants and non-compete agreements are increasingly under attack, this time by the Federal Trade Commission (FTC). Companies rely on these restrictions to protect investment in intellectual property, technology and employees. On January 9, the FTC suggested that employee freedom of mobility trumps all of these legitimate business reasons companies use restrictive covenants and non-compete agreements.
Continue Reading FTC Commissioners Advocate Restrictions on Non-Compete Agreements; Seek Comments on Potential Rulemaking

Earlier today, District Judge Kimberly J. Mueller of the United States District Court for the Eastern District of California, granted a temporary restraining order that temporarily prohibits the state of California from enforcing AB 51, a law that would prohibit companies in California from requiring arbitration agreements as a condition of employment.  
Continue Reading California Court Temporarily Enjoins Enforcement Of Law Prohibiting Arbitration Agreements As A Condition of Employment

Earlier this year, we wrote about a proposed bill in California, AB 51, which would prevent employers from requiring their employees to bring all employment-related claims, including discrimination, harassment, retaliation, and wage and hour claims, in arbitration instead of state or federal court.  Earlier this month, Governor Newsom signed AB 51 into law.
Continue Reading California’s Anti-Arbitration Bill Gets Signed Into Law

In recent years, federal and state law enforcement authorities have subjected “no-poach” agreements to increased scrutiny. Recent enforcement actions demonstrate the risk of criminal penalties and civil damages for using such agreements. In this video, Hunton Andrews Kurth partners Emily Burkhardt Vicente and Torsten Kracht discuss recent developments concerning the use of “no-poach” agreements, and

The United States Supreme Court has granted consolidated review of three cases to determine whether arbitration agreements that waive employees’ rights to participate in a class action lawsuit against their employer are unlawful. The Court’s decision to address the uncertainty surrounding class action waivers of employment claims follows a circuit split last year in which the Fifth and Eighth circuits upheld such waivers and the Seventh and Ninth circuits found that such waivers violate the National Labor Relations Act. Given the increasingly widespread use of class action waivers by employers to stem costly class and collective actions, the high court’s ruling is likely to have a significant nationwide impact.
Continue Reading Supreme Court Will Rule On Legality of Class Action Waivers in Employer Arbitration Agreements

Government agencies like the SEC are challenging what have long been standard provisions in separation agreements. Hunton & Williams LLP partners Kevin White and Emily Burkhardt Vicente discuss those challenges and provide tips for companies on revising their standard agreements to mitigate against them.
Continue Reading Labor & Employment Quick Takes: Tips for Revising Separation Agreements in Light of Recent Agency Challenges

Government agencies like the SEC are challenging what have long been standard provisions in separation agreements. Hunton & Williams LLP partners Kevin White and Emily Burkhardt Vicente discuss those challenges and provide tips for companies on revising their standard agreements to mitigate against them.
Continue Reading Labor & Employment Quick Takes: Tips for Revising Separation Agreements in Light of Recent Agency Challenges