New York is known for having many protections for its employees in the workplace, but a long-standing legal doctrine can furnish a remedy to employers with regard to employees who engage in repeated acts of disloyalty during their employment. The “faithless servant doctrine” permits an employer to “claw back” an employee’s compensation when an employee is found to be disloyal to the employer. While the doctrine may seem antiquated, it continues to have vitality. For example, in March 2018, a New York appellate court confirmed an arbitration award that directed, based on ...
Political winds disfavoring non-compete agreements for low wage and rank-and-file workers continue to blow, and appear to be picking up speed.
On October 25, 2016, the White House took the unusual step of issuing a “Call to Action” to states regarding non-compete agreements, as part of the President’s initiative to stoke competition across the economy. Calling non-competes an “institutional factor that has the potential to hold back wages and entrepreneurship,” the Call to Action seeks to reduce the misuse of non-compete agreements nationwide.
President Obama ...
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Recent Updates
- Spilling Secrets Podcast: Can FTC’s Non-Compete Ban Survive Without Chevron Deference?
- Teeing-Up a Circuit Split on the FTC’s Noncompete Rule: Pennsylvania Judge Diametrically Opposes Earlier Decision by Texas Judge
- Pennsylvania Passes Law Limiting Use of Noncompetes for Health Care Practitioners
- Plaintiffs in Ryan Case Seek Nationwide Injunction of FTC Noncompete Rule; U.S. Chamber of Commerce Also Seeks Associational Standing
- Federal Court Denies Plaintiffs’ Motion for Reconsideration Seeking Expanded Scope of Injunction Staying the FTC’s Noncompete Rule