As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:Continue Reading Top Five 2024 Employee Policies and Issues Check Up
Employment Agreements/Non-Compete Policies and Practice
Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
On January 5, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing non-competes on workers, and, if finalized, will have far reaching implications for many businesses operating in the United States. The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, non-competes that bar workers from accepting competing employment or starting a competing business would be prohibited.
Join us for a webinar in which Bass, Berry & Sims labor & employment and antitrust attorneys will address topics and concerns pertaining to the proposed ban, including:Continue Reading Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
FTC Proposes Banning Non-Compete Provisions for Workers
On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing non-competes on “workers.” The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers…
How to Develop a Non-Compete Implementation Strategy
I recently authored an article for Today’s General Counsel detailing options in-house attorneys might consider if their business does not have non-compete agreement in places but would like to develop one.
Continue Reading How to Develop a Non-Compete Implementation Strategy
[WEBINAR] Non-Compete Law Developments and Enforcement Trends for the Coming Year
In 2021, we saw the continuation of restrictions and limitations on non-compete laws at the federal and state levels. On July 9, President Biden signed an executive order advocating for the Federal Trade Commission’s (FTC) authority to prevent unfair non-compete practices in the workplace. Additionally, Colorado, Illinois, Nevada, Oregon and Washington, D.C. all modified or enacted new restrictions on non-competes, further indicating a broader legal trend toward limiting the power of employer form agreements and practices.
Continue Reading [WEBINAR] Non-Compete Law Developments and Enforcement Trends for the Coming Year
Oregon, Nevada and Illinois Further Limit Restrictive Covenants
The legislatures of Oregon, Nevada and Illinois recently placed additional limitations on restrictive covenants, particularly non-competition covenants.
Changes to Oregon Restrictive Covenants
Effective as to agreements entered into on or after May 21, 2021, Oregon has further restricted non-compete agreements. Oregon previously limited non-compete agreements to a maximum of 18 months from the date of separation and to only those employees who do the following:
- Engage in administrative, executive or professional work.
- Perform predominately intellectual, managerial or creative tasks.
- Exercise discretion and independent judgment.
- Are paid a salary (or combination of salary and commissions) that exceeds the median income for a four-person family.
Continue Reading Oregon, Nevada and Illinois Further Limit Restrictive Covenants
Workforce Reduction Options Amid COVID-19
The economic repercussions of COVID-19 have been immediate and in many cases, debilitating, to American business across all industries, from food & beverage to manufacturing to healthcare. Challenges faced include government-mandated closures of certain “non-essential” businesses and reduced demand of products and/or services. As business revenue plummets, many companies are faced with the need to cut significant human capital costs in order to keep their business afloat. Below are some options for companies to consider as they work to address reduced staffing needs.
Furlough
While the term furlough is used to describe various arrangements, typically a furlough is an unpaid leave of absence. A furlough is often ideal for employers who anticipate a temporary need for reduced staffing. Employees on furlough are still technically employed by the employer and, as a result, may be able to remain on the employer’s group health plan(s) if permitted by the terms of the plan(s). Employers may require employees to pay the applicable employee portion of the premium during the furlough. If the employer’s group health plan(s) is not available to employees on furlough, COBRA coverage would commence. Also, many states allow for unemployment compensation to employees on an unpaid furlough.Continue Reading Workforce Reduction Options Amid COVID-19
EVENT: Labor and Employment Law Update – 2018 in Review and What’s to Come in 2019
Join us in Nashville on January 29 for a complimentary seminar reviewing 2018 employment law developments and looking forward to issues likely to be further addressed in 2019.
7:30 a.m. – 8:00 a.m. Registration and Breakfast
8:00 a.m. – 10:30 a.m. Program
This event will be held at our Nashville Bass, Berry & Sims office.
Topics will include:
Continue Reading EVENT: Labor and Employment Law Update – 2018 in Review and What’s to Come in 2019
HR Personnel (and Employers) Beware: Antitrust Enforcers Warn of Criminal Liability for Compensation, No-Poaching Pacts
Human Resources (HR) personnel are now specifically under the scrutiny of the antitrust enforcement agencies. The Department of Justice (DOJ) and Federal Trade Commission (FTC) are typically known for enforcing antitrust laws against price-fixers and bid-riggers. Recently they announced a new set of targets: anti-competitive agreements between employers related to hiring and compensation. For the first time, these agencies have warned HR personnel and their employers they may be criminally prosecuted for agreeing with other companies to fix employee pay (wage-fixing agreements) or not to recruit each other’s employees (no-poaching agreements). Criminal violations of the antitrust laws are felonies and threaten substantial fines and jail time.
Continue Reading HR Personnel (and Employers) Beware: Antitrust Enforcers Warn of Criminal Liability for Compensation, No-Poaching Pacts
Non-Competition Agreements Under Fire: Who Should be Required to Sign?
Some employers require all, or most, of their employees to sign a non-competition agreement, rationalizing that even if not enforceable, at least the non-competition agreement will make the employee “think twice” before leaving, especially to a competitor. This practice has come under attack recently as anti-competitive.
Continue Reading Non-Competition Agreements Under Fire: Who Should be Required to Sign?