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: […]
A few years ago I addressed venue provisions in employment contracts (see below). A few additional thoughts – A provision that specifies venue in a particular county, i.e. Dallas County, Texas or city may not always work – while Texas […]
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 […]
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: Who handles […]
Here’s a smattering of cases/disputes that are out there: Interesting article about two cases from Ohio involving a cookie entrepreneur and taco restaurant chain owner; Not in the employment world – but a Michigan judge shut down the construction […]
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 […]
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 […]
The usual gamut of post-employment covenants includes non-compete restrictions, non-solicitation of customer restrictions, confidentiality restrictions, and in many cases the anti-raid provision designed to keep a departing employee from hiring away a former employer’s employees and contractors. The anti-raid […]
One option we’ve never spent much time discussing here as it relates to non-competes is the buyout option – on both sides. Buying out a non-compete is neither new nor novel. Physician non-competes in Texas require that the non-compete […]
I don’t think I’ve ever dedicated a post to a newspaper article but a recent New York Times article entitled “How Noncompete Clauses Keep Workers Locked In” does a great job addressing the human toll of non-competes. Here is a […]
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