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
On August 2, 2023, the National Labor Relations Board (NLRB) issued the Stericycle, Inc. decision, creating a new standard for scrutinizing employer “work rules”. Work rules can consist of company handbooks, policies, and procedures. This decision specifically addresses employer work rules that could reasonably be construed as restricting employees’ rights to engage in activities protected under the National Labor Relations Act (NLRA), like unionization or openly discussing wages or benefits. Employers should carefully review their handbooks, policies, and procedures to ensure compliance with this decision and prepare for potential challenges.
We know that hiring, mentoring and growing employees can be one of the best parts of owning a business. These folks become like family and it feels great to be able to help them achieve and grow. However, we also know that having employees is one of the most challenging and risky parts of running a business. For... View Article
If you ask business owners to describe their biggest challenges, one of the top three is almost always related to managing and leading employees. It’s usually not specifically described as “legal compliance,” but the challenges of ensuring employee happiness and productivity. To achieve these goals, we look to build compensation, wellness, flexibility, and autonomy policies... View Article
Blog written by Asbury Lockett, a business advisor with the Small Business Development Center at Highline College. Lean Thinking starts with the premise that everything that any of us want to accomplish (both at work and outside of work) is a process. Everything that gets done is a series of steps. Some steps take us... View Article
Blog written by Jennifer Olsen, Resourceful HR. If you know you need to focus on bolstering the HR efforts of your organization but don’t know where to start, you are not alone. The HR function includes many aspects that may seem daunting when you have limited resources and time. It is especially difficult when you... View Article
