In our discussions with business owners, we are often asked about whether their company can have employees enter into restrictive covenants.
• Are non-competes legal?
• What must be in a non-compete agreement for it to be enforceable?
• What is considered a legitimate business interest that can be protected through a restrictive covenant?
• When would a court consider a non-compete agreement to be improper?
Steve Trimboli reviews the status of restrictive covenants in New Jersey and answers many of the questions our office gets regarding them.
The attorney client relationship is more than just having someone available when a crisis happens. Partnering with the right attorneys can establish a better foundation for the business, so it can grow with fewer concerns about the legal liabilities. Jim Prusinowski discusses what client experiences have been allowing them to focus on the business instead of leaving legal questions open and unresolved.
On August 2, 2023, the National Labor Relations Board issued its long-anticipated decision in the Stericycle case. Employer policies and work rules will come under greater scrutiny. Any rule or policy that an employee would reasonably perceive as tending to have chilling effect on protected collective activity will be presumptively unlawful unless the employer can prove (a) the rule or policy advances a legitimate and substantial business interest and (b) the employer is unable to advance that interest with a…
New Requirements Effective July 31, 2023, the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-6, will require employers to follow new reporting procedures when an employee separates from employment. Employers will be required to provide the New Jersey Department of Labor Divisions of Employer Accounts and Unemployment Insurance (the “Division”) with specific information, through electronic filing, regarding the employee’s separation from employment immediately upon the employee’s separation, regardless whether the employee resigned, was terminated, or was laid off. The Division has…
A decision of the National Labor Relations Board issued on February 21, 2023, will have a significant impact on private sector employers who include confidentiality and non-disparagement provisions in severance, separation, or settlement agreements with their non-supervisory, non-managerial employees. The mere offering of an agreement containing an “overbroad” confidentiality or non-disparagement provision is unlawful, regardless whether the provision is offered in good faith, whether the employee accepts the provision voluntarily, or whether the employee receives substantial consideration in exchange for…