Judge Mueller of the Eastern District of California has issued a preliminary injunction enjoining Assembly Bill 51 (“AB 51”), California’s recent legislation prohibiting employers from requiring mandatory arbitration […]
New California Law Prohibits Use of “No-Rehire” Provisions in Certain Settlement Agreements
Overview As of January 1, 2020, California law limits an employer’s ability to include a “no-rehire” provision in agreements settling employment disputes. Under this new law, absent certain specified […]
FTC Issues Warning Letter Regarding Employer’s Use of Noncompete Agreements
Summary The Federal Trade Commission (“FTC”) recently warned a mortgage service provider that its reported company-wide use of noncompete agreements may constitute a violation of federal antitrust laws.[1] […]
Expect Continued Law Enforcement Focus on No-Poach Agreements in 2022
In 2021, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”)—the two agencies principally charged with enforcement of the antitrust laws—significantly increased their focus in the labor […]
New York Senate Re-Introduces Bill To Prohibit Certain Non-Compete Agreements
On April 6, 2026, New York State Senator Michael Gianaris re-introduced a bill that would prohibit most non-compete agreements between employers and employees in New York State. As […]
New “Speak Out” Law Bans Pre-Dispute Sexual Assault and Harassment Non-Disclosure And Non-Disparagement Agreements
On December 7, 2022, President Biden signed the “Speak Out Act,” which makes non-disclosure or non-disparagement agreements signed before a dispute arose unenforceable in certain contexts with respect […]
FTC Proposes to Ban Non-Compete Agreements, and Takes First-Ever Enforcement Actions Against Companies for Imposing Non-Compete Terms on Workers
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking that, if implemented, would prevent employers from entering into non-compete clauses with workers, […]
AB 51 Update: Ninth Circuit Issues Final Decision Striking Down California Ban on Mandatory Arbitration Agreements
The Ninth Circuit upheld the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”), a law that prohibited employers from requiring mandatory arbitration agreements as […]
NLRB Acts to Limit Scope of Permissible Confidentiality and Non-Disparagement Restrictions in Severance Agreements
Updated March 28, 2023 On March 22, 2023, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to the NLRB’s regional directors […]
SEC Brings Additional Enforcement Actions Based on Separation Agreements that Allegedly Violated the SEC’s Whistleblower Protection Rules
September 10, 2024 Update. The SEC continues to announce settlements of charges against companies that it alleges interfere with whistleblower rights under SEC Rule 21F-17(a). On September 9, 2024, […]