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? A non-competition restriction (or non-compete clause ) prevents an employee from joining a rival employer for a defined period after termination.

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.


Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Webinar: COVID-19:  Expanding and Evolving Employment Laws


It seems like every week the employment laws around COVID-19 are expanding and evolving. Brian is a partner in Taft Stettinius & Hollister’s Labor & Employment practice group.

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.

Forget what you heard. THIS, right here, will be the biggest employment law concern for employers in 2020.

The Employer Handbook

SimmeD [ CC BY-SA ] I’ve seen a lot of ink spilled by employment lawyers about how #MeToo, new overtime rules, medical marijuana, and salary history questions will be the significant issues with which employers would have to deal in 2020. Non-competes are what’s up in 2020.

Non-competition agreements are the Butter Brickle of employment law.

The Employer Handbook

And non-competes… let’s discuss them too. Will the court level the playing field and restart the non-compete? While some states won’t enforce covenants not to compete (e.g., Requiring that a former employee not compete with you for 10 years is a bit harsh. It may be reasonable for a company operating nationwide to require an employee not to compete with the company nationwide. May a judge equitably extend the non-compete period?

Business Owners Defeat Former Employer’s Noncompete Claims

SHRM Resources

Three former employees of an agricultural technology company could lawfully compete against their former employer and seek to patent technology that they developed while working there, the 8th U.S. Employment Contracts Employment Law

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.

Sumser: How the EU rules on AI will alter HR’s relationship with tech


The number of agencies that regulate HR is about to grow—and the accompanying penalties facing employers can make EEO compliance look tame. state and federal laws that will inevitably follow. Employment lawyers and technology go together like oysters and cupcakes.

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.

Confidentiality, Non-Compete and Non-Solicitation: Protect Your Company, but Tread Carefully

Affinity HR Group

While a cornerstone of employment law is employme

Noncompete Agreements Have Become More Common

SHRM Resources

Somewhere between one-quarter and nearly one-half of private-sector workers are subject to noncompete agreements, employment provisions that ban workers from going to work for—or starting—a competing business within a certain time period after leaving a job.

Which of you hot shot lawyers wants to join an employment law panel with me?

The Employer Handbook

It’s the Plaintiffs’ Employment Panel. You see, as of yesterday at 11:40 AM Eastern Daylight Time, I officially became the co-coordinator of the Plaintiffs’ Employment Panel for the United States District Court for the Eastern District of Pennsylvania. Did you mean to write Plaintiffs’ Employment Panel? Except, I’m not kidding about the Plaintiffs’ Employment Panel part. You folks in HR don’t have to read any further.

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.

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.

A lesson on non-competes: What you don’t know, can’t hurt you. Until it does.

The Employer Handbook

That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee. When there’s a even a whisper that a former employee has gone to work for a competitor, the former employer often rushes into court, files a lawsuit, and seeks a temporary restraining order or a preliminary injunction against the former employee to prohibit him for working for a competitor. Ready, fire, aim.

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.

EEOC sees retaliation workload rise: How to stay off its radar

HR Morning

The increase in sexual harassment charges filed with the Equal Employment Opportunity Commission have made headlines this fall, but that’s not the only eye-opening statistic coming out of the agency. Those figures should be a wake up call for all employers to review what constitutes retaliation under the law and how well policies and training prepare your organization to respond when you’re hit with a claim.

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.

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. Researchers are now also examining the long-term effects on female employment as well. In response to the pandemic, government officials urged employers to allow employees to work from home.

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

HR Morning

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. Discrimination & Harassment Employment Law Hiring & Recruiting In this week's e-newsletter accommodations ada disability discrimination hiring lawsuit

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. Advice Employment law Leadership and management

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.

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.

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

HR Daily Advisor

In short, the informality, easily misinterpreted, and otherwise humorous attempts at emoji-speak does not contribute to a productive workplace and should only be shared between friends who will be much more forgiving than the scrutiny of forever preserved evidence in a court of law. 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.

You can’t fire an employee while on FMLA leave. Except when you can.

The Employer Handbook

She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled. An employee fired while on FMLA leave is usually a recipe for trouble for the employer. Later, while the employee was on FMLA leave following a bicycle accident, the company learned that she might be violating the agreement by using company equipment in a competing business. Indeed, employers may check in with the employee from time to time.

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. California HR Employment Law business contractors control employees

Getting Employee Signatures on Confidentiality Agreements


And when a job offer is extended, it’s an exciting time for both the employee and the employer. As an employer, a contract is offered to a new employee or an existing employee. A clear example would be the employer will pay the employee for services rendered. However, the vast majority of states, including New Jersey and New York, permit employers to refuse to hire a candidate who refuses to sign a non-compete. Again, laws have to be considered.

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

Strategic HCM

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. You can still use these competencies as a guide of course, which is why I maintain my interest in them. Global HR Competencies.

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?

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). A few months later, his employment was terminated.