What is a non-compete clause? | Employment law blog


What is a non-compete clause and why is it important to get it right and protect your business from employees going to competitors? Toby Pochron, Senior Associate at Freeths LLP, is here to explain. Employment Employment law Recruitment

Employment Law 2020: Are You Prepared and Protected?

Ultimate Software

It’s a brand-new decade, and employment law changes are occurring at a breakneck speed right alongside technological innovation. Trends and best practices in employment law have evolved dramatically in recent years, and it can be hard for HR practitioners to keep up.


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Employment laws to watch in 2018


Employment laws continue to evolve, and 2018 will usher in some big changes in two of our most populous states, California and New York. The HR world is abuzz with all the implications of implementing New York state’s paid family leave legislation and California’s ban-the-box law, both of which went into effect January 2018. The law was signed in 2016, giving employers a little over a year to accommodate this new requirement.

Avoiding Employment Law Problems in China

Global People Strategist

As a whole, the Chinese government has become stricter about the business dealings of foreign companies, making it all the more important for foreign companies to be completely compliant with Chinese labor laws and standards (both national and local standards), while also providing ethical work conditions. Employee handbooks should be updated annually in order to capture any changes to a country’s laws.

These non-compete agreements are now under fire … from feds

HR Morning

If you have any of these non-compete agreements with employees, they may be on the endangered species list. . The White House issued a call-to-action to reform non-compete agreements. workforce is bound to non-competes, including 14% of those earning less than $40,000 per year. Capitol Hill turned its attention to non-compete agreements following a lawsuit against Jimmy John’s sandwich chain that grabbed national headlines.

Could non-compete and exclusivity clauses be scrapped from UK employment contracts?


To support COVID-19 recovery plans, the government is pushing for rules around exclusivity and non-compete clauses to be relaxed, in the hope it will help thousands of UK employees improve their financial prospects after a difficult year.

Business law basics for HR: 8 things every HR professional needs to know

Business Management Daily

Business law isn’t just for lawyers, HR professionals also need to know the basics. But a good grounding in business law can prevent or ameliorate most problems. From the Constitution to contracts and employment law, here are some top do’s and don’ts.

The most common employee documents used at trial

Business Management Daily

laws require companies to keep documents for specific timeframes. Compliance with these laws is essential for both your company and yourself. The contents of an employee file should consist of: Application for employment. Non-compete/confidentiality agreements and more.

Should Millennials Be Concerned About Age Bias – Ask #HR Bartender

HR Bartender

The regular conversations about generations in the workplace raise an issue for candidates, employees, and employers – age bias. Versus competing for a job with people who are fresh out of college? Jon is also the author of the Ohio Employer’s Law Blog , which is in the American Bar Association’s Blawg Hall of Fame and which the ABA has recognized for the past six years as one of the top 100 legal blogs. we have a law protecting people from age discrimination.

An Employer’s Guide to At-Will Employment: Definition, Exceptions & More

HR Digest

Thirty-five years ago, the President of the American Management Association described the corrosion of the practice of at-will employment and the employer’s rights to fire employees without any reason, warning or explanation. Who does at-will employment apply to?

ATS 42

Scary and Frightening: The #ELBC Carnival for October

OmegaHR Solutions

Employment law is a scary enough theme. What happens when employer discovers that former employee is working for a competitor? Janette Levey Frisch, the EmpLAWyerologist, offers a more positive take on employees competing against their former employers. In her post Your Ex-Employee Chose Not to Compete with You. Doug Haas broaches a subject very frightening to employers, or at least it should be, with two posts on the Fair Labor Standards Act.

7 Human Resources Competencies For the Modern HR Professional


This article is part of a series discussing the different competencies needed to be successful within the human resources profession. Click here to read part 1 where I discuss recruiting competencies and look for a future article on leadership competencies for the human resources industry. . What Does a Competency Model Mean in Human Resources? Individual competencies are usually defined and supported by key behaviors. An Example of an HR Competency Model.

COVID-19 vaccinations will pose new employer challenges

Business Management Daily

Employers will have to decide whether to require vaccines or allow employees to make that choice. How will employers handle those employees? Several federal laws impact employer actions and employers must develop a vaccine protocol that complies with all of them.

Working parent discrimination may be the newest legal headache for employers

Business Management Daily

Working parent discrimination may be the newest legal headache for employers. A Washington Post survey showed that women lose their jobs due to childcare at twice the rate of men. Researchers are now also examining the long-term effects on female employment as well.

Terminate or accommodate? Litigation prevention is key

Business Management Daily

It’s one of the hardest decisions an employer have to make. There are two major employment linked ADA protections. Employers may not discriminate against disabled applicants or employees in hiring, benefits, promotions or training. They must conform to state contract laws.

EEOC makes $56K example of employer over deaf applicant: What went wrong?

HR Morning

The Belton McDonald’s had an open position for a cook, and a deaf man, who had prior experience as a cook at another McDonald’s branch, applied. It said the law requires employers to seek out reasonable accommodations, and provide them when available, to deaf and hearing-impaired employees and applicants. It said working with deaf applicants’ ASL interpreters is key to providing them with equal opportunities to compete for jobs.

Five tips to help HR apply and comply with the SMCR


As a minimum , you have to make sure people are certified once a year as being fit , proper and competent. And you might be surprised at the high volume of individuals that need annual certification. Advice Employment law Leadership and management

The future of FMLA points to paid leave

Business Management Daily

Various local, state, and federal legislative proposals provide competing FMLA visions. That original bill provided twelve weeks of unpaid leave to qualified employees of covered employers. Employers were covered if they employed 50 or more employees in a 75-mile radius.

Was Heavy Workload a Good Excuse for Attorney’s Wrongful Discharge Claim?

HR Daily Advisor

Missouri law presumes that all employees are employed at will. That means employees or their employer may terminate the employment relationship at any time, with or without cause. Despite that presumption, Missouri law has three judicially created exceptions to employment at will, and employees may not be terminated for any of those reasons (in addition to obviously discriminatory reasons). Wrongful Termination Law.

At-will employment: What are the exceptions? 


Every state except for Montana follows the “at-will employmentlaw. This means it is legal to terminate an at-will employee for any reason outside of federal and state law protections without being required to establish cause for termination. .

Too Much Emoji? The Top 5 Mistakes to Avoid in the Workplace

HR Daily Advisor

Although a happy face can help lighten the mood, emojis in work communications should be, at best, limited, and in the main, entirely discouraged. Think of a “winky” face at the end of any sentence. Employees’ attempt at emoji humor can definitely boomerang back when the lawsuit is filed and such messages must be explained away. Communication Employment Law business kiss Mistakes workplaceWhichever language you speak, emoji is now one of them.

UK Restrictive Covenants: An Overview

Global Upside

Restrictive covenants in the UK prohibit ex-employees from misusing the confidential information of their previous company, at the cost of their former employer, to profit themselves. Any employer who wishes to hire in the United Kingdom should be aware of these covenants to safeguard their business interests. The employee protection laws in the UK are strict and often favorable to workers. The employer is under the burden of proof to validate this.

New Massachusetts Law Brings Changes to Noncompetes

HR Daily Advisor

Massachusetts’ new law affecting noncompete agreements, set to take effect October 1, retains certain aspects of current law—namely that a noncompete must be necessary to protect a legitimate business interest—but also enacts changes seemingly designed to reduce employers’ reliance on noncompetes. The new law applies only to noncompetes that are entered into on or after October 1 and either at the start of or during a relationship with an employee or independent contractor.

The NLRB’s New Guidance Loosens Reigns on Handbooks

HR Daily Advisor

In our February 2018 issue, we informed you that the National Labor Relations Board (NLRB) was “loosening the reins on employer handbook rules” (see the lead article in that issue). This month, we can finally tell you exactly how much the reins have been loosened because the NLRB’s General Counsel has outlined the standards the Board will follow when assessing employers’ personnel policies. Category 1: Rules that Are Generally Lawful.

California Supreme Court Deals Blow to Gig Economy

HR Daily Advisor

Over the last 10 years, analysts have told of the decline of traditional employment in favor of independent contractors and the so-called gig economy. I recommended against it while, one by one, businesses were deemed employers by labor commissioners and courts. Traditional employment remains alive, well, and stronger than ever after the California Supreme Court’s decision in Dynamex v. You can reach him at 415-541-0200 or schickman@freelandlaw.com.

Global HR Competencies ~ HR to HR 2.0 and Human Capital (HCM)

Strategic HCM

Contact me at. info [at] strategic [dash] hcm [dot] com. Buy my book at Amazon. Buy my book at Amazon UK. Global HR Competencies. Ive previously provided a quick reaction to Ulrichs newest competencies and will probably provide more commentary on them from the Middle East HR Summi t where I see him next. But then I look at each new framework and the competencies do always seem to resonate with what Im seeing developing within HR. at 15:43.

What Happens when an Alleged Harasser Claims Discrimination?

HR Daily Advisor

Occasionally, an employee accused of harassment will file a charge with the Equal Employment Opportunity Commission (EEOC) claiming that he was subjected to disciplinary action even though he was innocent or that he was the real victim of harassment. Without more information, the EEOC should dismiss such a charge since none of the laws it enforces protect accused harassers. But what should an employer faced with a similar complaint do? You may contact him at 205-323-9275.

How to Hire the Right Person for the Job

HR Counselor's Corner

If you’re an employer who takes a more proactive approach to recruiting, you can actively source for the qualified candidates on paid sites such as CareerBuilder, Monster, ZipRecruiter, Indeed or even Glassdoor, to name a few. Now, let’s say you are a smaller employer that does not have an Applicant Tracking System (ATS) currently in place. Make sure you reserve a private room ahead of time allowing at least 45 minutes to 1 hour for the interview.

Legal spotlight: four things to watch out for in 2018


ESP Law director Sarah Dillon assesses the four legal highlights to watch out for over the next 12 months. In December 2017, we lodged a defence to a claim at one of the tribunal centres and we did not receive an acceptance of our defence until six weeks later. The Supreme Court left the door open for fees to be reintroduced, but at a much lower level. Case law expected to set new precedents. There are three main areas of case law to watch out for in 2018.

Minnesota Court Recognizes Workers’ Comp Retaliation Suit Filed by Undocumented Worker

HR Daily Advisor

Although Dahlke later discovered Tony’s undocumented status, he remained employed. In September 2013, Tony was injured at work. Minnesota’s workers’ comp law prohibits employers from retaliating against employees for filing a claim. Federal immigration law, however, prohibits employers from knowingly employing undocumented workers. Whether federal immigration law preempted his state workers’ comp claim.

EEOC Task Force Recommends Training, Policies to Prevent Workplace Harassment

HR Daily Advisor

With workplace harassment claims on the rise, the Equal Employment Opportunity Commission (EEOC) recently recommended practical steps and policies to help employers reduce the number of charges filed. Harassment claims constitute approximately one-third of all charges filed with the EEOC in recent years and can take a devastating toll on employers. “ Scott Cruz is a contributor to Nevada Employment Law Letter and can be reached at scruz@clarkhill.com.

HR Pros Can Be Criminally Liable in Antitrust Cases, Feds Say

HR Daily Advisor

Issued in late October, the guidance is intended to alert those involved in hiring and compensation decisions to the requirements of federal antitrust laws, the agencies said. Generally, federal antitrust laws govern competition among businesses. Of particular importance to HR are the laws’ prohibition on agreements between competing employers to limit their employment terms. What’s at Stake. Kate McGovern Tornone is an editor at BLR.

SHRM Session: 5 Easy Business Practices For Getting Sued

HR Daily Advisor

The HR Daily Advisor was recently at the SHRM’s 2017 Annual Conference & Exposition in New Orleans. Uppal and Balch say that there are plenty of easy ways for employers to get sued. Misidentifying the employer. It is very important that you make sure your workers are correctly associated with the right company in handbooks, executive agreements, non-compete agreements, and all other documentation. Getting sued is easy.

For Those Who Just Need Or Want A New Job


On the one hand the recommendations were important because we’re all perpetual candidates , whether gainfully and happily employed, or not. But that’s not the case, because on the other hand, more and more employees are being restricted as to where they go and what they do with potentially competitive employers. Why do employers need to do this? Be reasonable in terms of: Activity restrained (what you can do post-employment). “All we have to do now.

Department of Justice releases HR-specific antitrust guidance

HR Morning

At 11 pages, it’s pretty concise for a government document. . While the guidance doesn’t break any new legal ground, it’s specifically targeted at HR managers and outlines how agreements with competing employers regarding things like worker pay and benefits can result in antitrust violations. In addition, the guidance says that agencies may start to press criminal charges against individuals and companies found to have violated antitrust laws.

Elon Musk: Employees Will Need to Merge with AI to Compete

Workplace Diva

Here's what Mr. Musk told an audience at the World Government Summit in Dubai, according to CNBC : "Some high bandwidth interface to the brain will be something that helps achieve a symbiosis between human and machine intelligence and maybe solves the control problem and the usefulness problem," Musk explained. Artificial intelligence. No, I'm not talking about the know-it-all in the office who actually doesn't know anything.

Severance Pay Basics and Policy Considerations

HR Daily Advisor

Severance benefits are payments made to employees upon termination of employment caused by events that are beyond their control, such as workforce reductions, plant closings, company takeovers, and mergers. Severance benefits are sometimes offered to encourage early retirement or voluntary resignation, or to discourage terminated employees from suing an employer. Severance benefits are not required by federal law and are required only by a handful of states.