For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. After a similar proposal was shelved a few years ago, a new proposal is now open for online consultation.
Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers.
On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement.
In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause.
The U.S. Department of Justice, Federal Trade Commission, and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens.
2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the FTC and NLRB, as well as in multiple state legislatures.
On May 10, 2023, the UK government announced its intention to limit the duration of non-compete restrictions in employment contracts to three months. To date, there is still no sign of the draft legislation that will introduce this new three-month limit.
The federal government, states, counties, and cities were active again this year passing workplace legislation intended for the most part to protect employees, creating new compliance obligations for employers.
