On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the non-compete was unenforceable. Centurion Service Group, LLC v. Wilensky, No. 2023-0422-MTZ. This is that court’s second decision
E. Sydney Cone
D.C.’s New Restrictive Non-Compete Law Goes Into Effect October 1, 2022
By Guy Brenner & E. Sydney Cone on
Almost 2 years after the Ban on Non-Compete Agreements Amendment Act (“the Act”) was passed, the Act – with significant amendments – will become effective and applicable to all employers with D.C. employees on October 1, 2022. The law generally prohibits employers from entering into or imposing non-compete agreements and policies on D.C. employees that…
D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban
By Guy Brenner & E. Sydney Cone on
Mayor Bowser signed the Amendment on July 27, 2022. The Amendment will go into effect on October 1, 2022 (absent action by Congress, which is not expected).
On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification…
In Colorado, “Low Wage” Now Means Six-Figures For Non-Competes
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on August 10, 2022 – Colorado will join the ranks of Illinois, Washington, and other states…
Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder
On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability and that the employee suffered an adverse action because of his disability.
Brief Background
In Berling v. Gravity Diagnostics, LLC…
Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias
By Nicole Eichberger, Atoyia Harris & E. Sydney Cone on
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth Circuit held that age discrimination comments must contain age-specific references, and a factfinder cannot infer age discrimination…