On December 19, 2025, Governor Kathy Hochul signed into law the “Trapped at Work Act.” The law became effective immediately. The new law prohibits employers from requiring “employment promissory notes” as a condition of employment. “Employment promissory note” is defined as any instrument, agreement, or contract provision that requires a worker to pay the employer […]
The Federal Trade Commission (“FTC”) has rescinded the Non-Compete Clause Rule (the “Rule”) which was issued last summer that would have banned most employee non-compete provisions in employment agreements. As we previously reported, in 2024 the FTC issued the Rule that rendered unlawful most non-competition restrictions for all workers. The Rule was to take effect […]
As you may recall, earlier this year we reported that the Federal Trade Commission (“FTC”) issued a final rule banning non-compete agreements for all workers. The rule was to take effect on September 4, 2024. However, on August 20, 2024, a federal court struck down the ban deeming it unlawful. Specifically, in Ryan LLC v. […]
As we previously reported, New York recently enacted the “Freelance Isn’t Free Act,” which provides new protections for freelance workers throughout the state. As a reminder, the new law takes effect on August 28, 2024, and sets forth certain requirements for employers when retaining the services of a freelance worker. The key aspects of the […]
On November 22, 2023, New York Governor Kathy Hochul signed into law the “Freelance Isn’t Free Act,” which provides new protections for freelance workers throughout the state. The new law takes effect on August 28, 2024, and sets forth certain requirements for employers when retaining the services of a freelance worker. The key aspects of […]
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule approving its proposal to ban non-compete agreements for all workers including independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide a service to a person. Specifically, the rule states that “…it is an unfair method of competition – and therefore […]
On November 30, 2023, Governor Kathy Hochul announced that she would not be signing proposed legislation that would prohibit employee non-compete agreements in New York. As we previously reported, on June 7, 2023, the New York State Senate passed Bill No. S03100 (the “Bill”), which would amend the New York Labor Law to ban the […]
On June 7, 2023, the New York State Senate passed Bill No. S03100 (the “Bill”), which would amend the New York Labor Law to prohibit employee non-compete agreements in New York. Specifically, the language of the bill provides as follows: “No employer or its agent, or the officer or agent of any corporation, partnership, limited […]
On March 22, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum clarifying the NLRB’s decision in in McLaren Macomb, 372 NLRB No. 58 (2023), which deemed non-disparagement and confidentiality provisions in severance agreements to be unlawful. Specifically, the memorandum provides that the decision applies retroactively and therefore, agreements containing unlawful provisions […]
On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision holding that an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it offers a severance agreement containing provisions that would restrict employees’ exercise of their rights under Section 7 of the Act. In McLaren Macomb, the employer furloughed 11 […]
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking that would prohibit non-compete agreements between employers and employees. The full draft of the proposed “Non-Compete Clause Rule” can be found here. Specifically, the proposed rule would provide it is an unfair method of competition for an employer to enter […]
On December 7, 2022, President Biden signed into law the Speak Out Act, which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment. The new law was effective immediately. Specifically, the Act bars the enforcement of non-disclosure and non-disparagement clauses with respect to a sexual assault or […]
