California And FTC Non-compete Q1 2024 Round Up

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By: Eric Akira Tate, Cooper J. Spinelli and Caleb D. Woods While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in the California employee-mobility space… Read more »

Per The California Supreme Court: Paga Claims May Not Be Stricken On Manageability Grounds

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By: Maya Harel The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act (PAGA) may be stricken where there is no manageable way to try them.  Unfortunately for California employers, the answer is no. … Read more »

Nlrb General Counsel Memo Seeks Aggressive Enforcement Against Employee Non-competes

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By: Eric Akira Tate, Andrew R. Turnbull, Melissa M. Harclerode and Kwan Park On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with employees violate the National Labor Relations Act (the “Act”), except in limited circumstances. As foreshadowed in her memo on the NLRB’s enforcement… Read more »

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