On August 20, a federal judge in Texas struck down the Federal Trade Commission’s (FTC) rule that would have banned noncompete agreements nationwide. This ruling has significant implications for both employers and employees across the United States. U.S. District Judge Ada Brown ruled that the FTC does not have the authority to implement a sweeping... View Article
The 2024 Paris Olympics is a remarkable showcase of athletic prowess and international unity. Gold medal athletes have reaped the rewards of their intense training, all within the confines of strict rules set by sports federations and the Olympic Committee. Similarly, for businesses to win against the competition, they must follow strict rules set out... View Article
Time rounding is designed to streamline payroll calculations benefitting both employers and employees. The Department of Labor and Industries in Washington has historically permitted this practice, provided it adheres to a strict neutrality policy. The rule is clear: any rounding must not favor the employer. In instances where bias is evident, the scales must tip... View Article
Are we still talking about hybrid vs. remote vs. in-person workplaces? Yes, we are! The decision on workplace setups might seem settled, but with a couple of years of post-pandemic experience, we’re now seeing what people really want and need. The reality is workplace preferences vary widely. Some team members prefer to be in the... View Article
Navigating the new era of noncompete agreements is crucial for businesses, as regulatory demands for transparency are rapidly increasing. States like California, Washington, and Oregon have significantly restricted noncompetes, and the FTC has approved a nationwide ban, pending legal challenges. Multi-state employers must understand the complex interplay of federal and state laws to remain compliant. With noncompetes becoming less viable, alternative strategies such as non-disclosure agreements, confidentiality provisions, and robust trade secret management are essential to protect business interests. Employers must proactively adapt to these changes to ensure compliance and safeguard their competitive edge.
Now is the time to review your employment documents and identify any provisions that may be classified as noncompete provisions that will contravene the new Washington law and the federal Rule. Assess the potential risks these changes pose to your business and consider alternative risk management tools to safeguard your business interests. Make necessary changes to documents and processes to ensure compliance with Washington’s law. Compile a list of current and former employees impacted by the new federal Rule and be prepared to modify your documents again to comply with the Rule, should it come into effect.
On March 13, 2024, Washington’s noncompete law was amended to further limit the use of noncompete provisions and nonsolicitation provisions against employees and contractors. The changes are a significant shift, and most employment agreements that have restrictive covenants will be in violation of the new requirements. It’s critical to review and update these documents prior... View Article
NOTE: This rule is currently in litigation and has not taken effect. We will continue to monitor and update this post. Employers should be aware of the continuing trends toward employee rights and be prepared for this kind of rule from states and the federal government. The National Labor Relations Board (NLRB) has rolled out... View Article
At Equinox, we champion transparency as the ultimate best practice. In today's business landscape, the trend of "radical transparency" can either be a strategic advantage or a self-destructive move. In this post, we delve into the complexities of transparency, guiding you through legal, regulatory, compliance, and cost considerations.