States Continue To Target Restrictive Covenants

Connecticut, Indiana, New York, Rhode Island, and Utah are among the latest states to propose further limitations on the use of post-employment restrictive covenants. Connecticut’s House Bill (HB) 6594 and New York’s Senate Bill (S) 3100 would prohibit the use of noncompetes with a wide swath of employees and independent contractors. Indiana’s Senate Bill (SB) 7, Rhode Island’s House Bill (H) 5284, and Utah’s Senate Bill (SB) 170 are more narrow and would only […]

By | February 22nd, 2023 ||

Non-Compete No More? FTC Proposes Broad Ban Of Non-Compete Agreements

the Federal Trade Commission (“FTC”) has unveiled a proposed ruling that would essentially ban noncompete agreements across the country. This proposed ruling is based on a finding that noncompete agreements constitute an unfair method of competition and violate Section 5 of the Federal Trade Commission Act.

Specifically, the FTC’s new rule would make it illegal for an employer to:

enter into or attempt to enter into a noncompete with a worker;
maintain a noncompete with a […]

By | February 16th, 2023 ||

Employers Making FLSA Administrative Exemption Classification Determinations Should Make Note Of A New First Circuit Case

The U.S. Court of Appeals for the First Circuit recently clarified the test to evaluate the application of an often-utilized administrative exemption from the FLSA’s overtime requirements.

Specifically, in Walsh v. Unitil Service Corp. the court held that the analysis is a “relational” not a “functional” one and that the touchstone of the inquiry should focus on the interplay between the business purpose of the employer or its customers and the employee’s primary duty. Further, the court […]

By | February 13th, 2023 ||