New Indiana Physician Noncompete Agreement Requirements Become Effective on July 1, 2020

Significant new requirements for physician noncompete agreements in Indiana took effect on July 1, 2020, including mandatory language allowing a physician to purchase “a complete and final release” from a noncompete agreement “at a reasonable price.” The law also includes several provisions related to notices that employers must provide to patients and doctors when a physician’s employment has terminated or contract expires.

First Circuit Rules on Post-employment Restrictions as COVID-19 Restrictions Ease and Employees Return to Work

As employers reopen their businesses following closures or reductions in operations required during the COVID-19 pandemic, many are grappling with the fraught and complex task of bringing laid-off or furloughed employees back to the workplace. Among the many issues that such employers will need to deal with in onboarding those employees is whether and to what extent they will need to renew their restrictive covenants agreements with employees who had such agreements before the pandemic.

COVID-19 & Cyber Security: Protecting Trade Secrets and Confidential Information During the Telework Boom

In response to the COVID-19 pandemic, some parts of the country are now in the third month of a lockdown. As a result of the lockdown, a large portion of U.S. businesses quickly transitioned their workforces to telework in the opening weeks of the pandemic. This abrupt shift to work-from-home disrupted many employers’ well-established protocols and practices for protecting confidential information and trade secrets, exposing this sensitive information to a heightened risk of theft.

 

Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions

Many employers have national and international workforces. When entering into contracts with employees, inclusion of a choice-of-law provision is important for determining what jurisdiction’s laws will apply if one of the parties breaches the agreement. While Massachusetts generally honors contracting parties’ choice as to which law will govern their relationship, there are exceptions to that general rule. In NuVasive, Inc. v. Day, the U.S. Court of Appeals for the First Circuit enforced a Delaware choice of law provision against a Massachusetts employee and rejected his arguments that one of Massachusetts’s recognized exceptions should apply.

Restrictive Covenants in the Time of Coronavirus

The spread of the coronavirus disease 2019 (COVID-19) has led to changes regarding many legal issues. Despite the changes, companies still need to protect confidential information, goodwill, customer relationships, and competitive marketplace positions. The pandemic raises a variety of issues to consider for restrictive covenants. Employers may want to keep these challenges in mind and tread carefully.

DOJ and FTC Warn Employers Against COVID-19–Related Business Collusion

The United States Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) warned employers in a joint statement issued on April 13, 2020, that they are “on alert” and working together to monitor employer collusion that exploits the COVID-19 pandemic in order to engage in anticompetitive conduct or fraud. The agencies specifically called out essential businesses and employers of frontline employees, staffing companies (including medical travel and locum tenens agencies), and recruiters.

North Carolina Supreme Court Clarifies Lex Loci Doctrine for Claims Brought Under the Trade Secrets Protection Act

It is now clear what choice of law rule applies to claims brought under the North Carolina Trade Secrets Protection Act (NCTSPA). No North Carolina appellate court had ever answered that question prior to the Supreme Court of North Carolina’s opinion in SciGrip, Inc. v. Osae & Scott Bader, Inc., No. 139A18 (February 28, 2020), a case defended by Ogletree Deakins lawyers Phillip J. Strach and Brodie D. Erwin.

The Who, What, and When on Illinois Employment Agreements Under the Workplace Transparency Act

The Illinois Workplace Transparency Act (WTA) (Public Act 101-0221) is designed to protect employees, consultants, and contractors who truthfully report alleged unlawful discrimination and harassment or criminal conduct in the workplace by prohibiting nonnegotiable confidentiality obligations, waivers, and mandatory arbitration of allegations of discrimination, harassment, or retaliation.

Massachusetts High Court Clarifies Standards for Judicial Review of Anti-Raiding Provisions in Restrictive Covenants

The Massachusetts Supreme Judicial Court (SJC), the Commonwealth’s highest court, recently clarified the standards applicable to analyzing nonsolicitation and anti-raid restrictive covenants following the sale of a business—an area of law where state appellate court jurisprudence had been lacking.

Indiana Supreme Court Reaffirms That the Blue Pencil Doctrine Is an ‘Eraser’ for Overbroad Restrictive Covenant Language

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the “blue pencil doctrine,” likening the doctrine to an eraser and stating that Indiana courts may only delete language from overbroad restrictive covenants; they cannot reform or add to such agreements.

Maryland Prohibits Noncompetes for Low-Wage Employees

A new state law in Maryland now prohibits employers from requiring low-wage employees to enter into noncompete agreements. Maryland Senate Bill 328, which took effect on October 1, 2019, prohibits employers from obligating any employee who earns less than $15.00 per hour or $31,200 per year from entering into an agreement that restricts the employee’s ability to work with a new employer in the same or similar business.

Michigan Legislature Considers Package of Bills Addressing Wage Theft, Independent Contractors, and Noncompetes

On August 29, 2019, legislators from the Michigan House of Representatives announced an ambitious package of 12 bills aimed at creating new criminal and civil penalties to combat employers that fail to properly pay wages and overtime pay. The legislation would also establish enhanced protections and penalties under Michigan’s whistleblower statute and create new civil remedies against employers for overzealous enforcement of noncompete agreements and for misclassifying employees as independent contractors.

Supreme Court Rules on FOIA and the Protection of Sensitive Company Information

A recent Supreme Court case determined that private commercial and financial information that is transmitted to the federal government under an assurance of privacy is considered “confidential” and not subject to disclosure under the Freedom of Information Act (FOIA). The decision could provide some valuable safeguards for employers concerned about protecting sensitive data from public disclosure.

Oregon Modifies Noncompete Law for 2020

On May 14, 2019, Oregon Governor Kate Brown signed House Bill (HB) 2992, which imposes a new burden on employers that want to have enforceable noncompetition agreements with their Oregon employees. For any noncompetition agreement entered into on or after January 1, 2020, employers must provide employees with a signed, written copy of the terms of the noncompetition agreement within 30 days after the termination of employment.

Gig Economy Temporary Staffing With Smartphone Apps: 7 Legal and Practical Considerations for Employers

New technologies that enable temporary staffing candidates to find positions via applications that use algorithms to match people to positions, are here. With names like tilr and Shiftgig, these apps use an alternative, temporary, or on-demand staffing model akin to that used by ride-sharing apps to connect passengers with drivers.

Massachusetts Passes Noncompete Reform Legislation

The Massachusetts Legislature has passed legislation governing the use of noncompetition agreements in Massachusetts. Governor Charlie Baker is expected to sign the legislation into law by August 10, 2018.  Assuming that occurs, the law will codify existing Massachusetts case law to some degree, and it also will go much further in regulating the enforceability of noncompetition agreements, including limiting who may be subject to such agreements.     

Massachusetts Noncompete Legislation Moves One Step Closer to Enactment

In the most recent step in a decade-long effort to enact comprehensive noncompete legislation, the Massachusetts Senate on July 25, 2018, passed an economic development bill containing amendments to Chapter 149 of the Massachusetts General Laws to regulate the use of noncompetition agreements.