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 […]
The New York State Legislature recently passed the Freelance Isn’t Free Act (the “Act”). If signed into law, the Act, which mirrors New York City’s Freelance Isn’t Free Act, would provide protections to freelance workers/independent contractors. Specifically, the Act would amend the New York Labor Law to establish protections for covered freelance workers, including the […]
Sima was a part of an expert panel to discuss critical legal issues all business owners need to know in 2022. Are your organizational documents, contracts, and company policies current? Is your brand protected? Do you have proper hiring, on-boarding and terminating procedures? Is your employee handbook current? Do you need one? Watch the video […]
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This material is for informational purposes only and is not intended to constitute legal advice.
