A recent Texas federal court ruling has put a halt on the enforcement of the FTC’s ban on non-compete agreements. Learn more about this ruling and the implications it has for employers from Shauna Correia and Jacqueline Simonovich as they give an update from their previous episode in this installment of California Employment News.
Listen to this podcast episode here.
If you have been following our podcast California Employment News, you know that the Federal Trade Commission issued a rule that would act as a comprehensive ban on non-compete agreements. The ban would have taken effect next month, and would have invalidated non-compete provisions in millions of existing agreements and would have precluded non-compete provisions in future agreements with employees, independent contractors, volunteers and other workers. It would have preempted the laws of the 46 states that already regulate noncompete. In a victory for employers and business owners nationwide who rely on some form of non-competition provision to protect their IP, the United States District Court for the Northern District of Texas invalidated the FTC rule in its ruling on August 20, 2024.
Continue Reading FTC Rule Ruled Unenforceable NationwideThe FTC’s new rule banning non-compete clauses will take effect on September 4th and impact all workers, including contractors and interns. Weintraub attorneys Jacqueline Simonovich and Shauna Correia discuss the pending legal challenges and how the outcome could reach the Supreme Court in the latest installment of “California Employment News.”
Continue Reading California Employment News: Understanding the FTC Non-Compete Ban Key Insights for EmployersEmployee personnel files are an important aspect of any employer’s records. Meagan Bainbridge and Nikki Mahmoudi review the basics of employee personnel files, including what should and should not be included and handling inspection requests, in this featured episode of California Employment News.
Continue Reading California Employment News: Understanding the Basics of Employee Personnel Files (Featured)
In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the California Fair Employment and Housing Act (“FEHA”) to require, among other things, that a severance and release agreement contain a provision notifying the employee or former employee that they have the right to consult an attorney regarding the agreement. This notification under California law is separate and apart from the requirements under the federal Older Workers Benefit Protection Act (as part of the Age Discrimination in Employment Act) which also provides for such notice for employees over the age of 40.
Continue Reading The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel