The FTC has had non-competes in its sights for some time under the Biden administration. Going back to 2021 the administration instructed the FTC to do what is doing now – challenge non-competes. Here is what I said back then:
We’ve got a long way to go before this gets anywhere. First, of all there
Back in 2015 there was a lot of publicity about a non-compete Jimmy John’s was implementing for its sandwich makers. Here is what I said back then:
“When news of the Jimmy John’s non-compete came out last October my concern was the impact it would have on businesses with legitimate non-competes. There is
A few years ago I addressed venue provisions in employment contracts (see below). A few additional thoughts –
Regardless, still include a venue provision that provides for a specific county.
Post From May 2018
Whenever I draft or review an employment agreement (or for that matter any contract) one of the first things I look for is a venue provision. Usually there is one, but if not you fall back on the laws of the state the party would like to bring suit in to see if venue works. There is nothing that will take the steam out of a lawsuit then the contention it was filed in the wrong place. Drafting tip – make sure there is a venue provision.
So, assuming there is a venue provision it’s likely there is a choice of law provision as well. Often times the venue provision will require an employee to agree to venue in the state/city where the employer is located. The idea from the employer’s standpoint is it would rather enforce its agreements in the place where it is located and in most cases under the same laws. The provision will look something like this:
Over the last few months I’ve started following Formula 1 Racing. There are fast cars with interesting personalities and races all over the world including Austin, Texas in October. It is also a very expensive sport backed by big brands and wealthy people. Without getting into the nuances of race car driving (I couldn’t
Texas non-compete law has changed very little over the last few years. There have not been any seminal Texas Supreme Court cases construing the Texas non-compete statute and little instructive case law from our intermediate appellate courts providing guidance. The reality is Texas trial judge are construing non-competes at the temporary restraining order/temporary injunction stages
We’ve now been in the midst of this global pandemic since March (give or take a few weeks) and we have a little more runway to look at the state of employee movement. It seems that most folks fall in three categories in terms of the Coivd impact on their job: (1) looking for a
No one likes exit interviews, well most folks don’t. The employee is departing the interviewer is checking off the boxes. But, from the employer’s perspective they can be invaluable if handled correctly and I recommend them. Some considerations:
Here’s a smattering of cases/disputes that are out there:
Employers don’t spend enough time considering their non-competes. That’s an overly broad statement, but it is usually the rule not the exception. The reason that happens kind of makes sense. Most employers haven’t been down the road of enforcing a non-compete. The provision at issue may be a one-off that’s included in one employment agreement
Last week, Google said it was no longer going to enforce its anti-poaching provision that includes in its employment contracts. I don’t see them going anywhere as it relates to Texas employers/employees.
Under Texas law, an anti-poaching provision has to satisfy the Texas non-compete statute meaning it has to be ancillary to an otherwise