Non-Compete

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The 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 Employers

This week on “California Employment News,” Shauna Correia joins Entertainment attorney Scott Hervey on “The Briefing” to discuss the FTC’s recent final rule banning post-employment non-compete clauses and how it will affect non-scripted or reality television talent.Continue Reading California Employment News: Is The FTC Recent Rule on Non-Competes a New Reality for Reality Stars

For years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer.  For instance, in 1985, a California appellate court in Loral Corp v. Moyes, 174 Cal.App.3d 268 (1985), held that a non-solicitation of fellow employees provision in an employment agreement was lawful because the co-workers were free to seek employment with a competitor, they just couldn’t be contacted first by the departing employee.
Continue Reading Co-Worker Non-Solicitation Provisions in Jeopardy?

What do yoga instructors, event planners and exterminators have in common?  These are fields that are reportedly witnessing an increase in the use of noncompete provisions in employment agreements.  Details of this increase in the use of noncompete provisions were reported in a New York Times article this Sunday.  Click here to view article.

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Under California law, non-compete provisions with an employee are generally unenforceable.  Statutory exceptions to this rule include the seller of a business’s goodwill or a membership interest in an LLC.  Courts have also recognized a judicial exception to this rule: where the non-compete is necessary to protect an employer’s trade secret information.  This judicial exception…