Employment Contracts

Washington state enacts noncompete ban

04/20/2026

Beginning June 30, 2027, employers cannot enter a noncompete agreement that would bar someone from practicing a lawful business or profession. The new law bars employers from suing, fining, demanding repayment or otherwise interfering with the right to work at one’s business or profession.

FTC bans noncompetes in two cases

03/09/2026

The Federal Trade Commission’s attempt to ban almost all noncompete agreements does not mean that the agency isn’t suing employers for using noncompete agreements that the FTC believes are anti-competitive. Most recently, the agency identified two cases where employers went too far.

Still doing noncompetes? Watch new state laws

02/17/2026

If you’re still utilizing noncompete agreements, there’s news on the state front. Many states that regulate their use set earnings limits below which noncompete agreements can’t be enforced and update those limits every year. This year is no different.

FTC abandons noncompete rule while cracking down on abuse

09/15/2025

On Sept. 4, the Federal Trade Commission launched a public inquiry into how noncompetes affect workers and employers—while simultaneously ordering a major company to stop enforcing restrictive contracts on nearly 1,800 employees.

Use these 3 factors to review ‘stay-or-pay’ agreements

05/15/2025

Employers should review their agreements to ensure that under state law, they constitute valid contracts. The answer will depend on each state’s contract and other laws. To increase the likelihood that a stay-or-pay contract will pass muster, review it with an eye toward these factors.

Electronic signatures: What employers need to know

04/09/2025

For centuries, a signature at the bottom of a piece of paper has meant someone agrees with what the document says. Can keystrokes carry the same legal weight as pen strokes? Yes. Two federal laws establish the legality of e-signatures in this country: the UETA and E-SIGN.

A tale of two approaches to noncompete agreements

03/13/2025

Don’t overuse noncompetes just because you can. Tailor your agreements to what you actually need to protect.

Do you read the fine print before you sign?

10/28/2024

The Department of Labor has identified seven fine-print provisions in employment contracts that it believes violate the FLSA and the OSH Act.

FTC appeals court order that killed noncompete ban

10/28/2024

The Federal Trade Commission on Oct. 18 filed an appeal seeking to overturn a federal court’s ruling that the FTC did not have the authority to issue a rule banning noncompete agreements nationwide.

FTC can’t enforce its ban on noncompete agreements

09/19/2024

Janitors, security guards and fast-food employees probably shouldn’t be required to sign noncompete agreements, but many are. Last spring, the Federal Trade Commission tried to remedy this by issuing final regulations banning most noncompete agreements. A federal trial court has now issued a nationwide injunction prohibiting the FTC from enforcing them.