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 in a week invalidating a non-compete.
Fifth Circuit Expands Universe of Title VII Actionable Adverse Employment Actions
On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No. 21-10133, 8/18/23. Overruling its nearly 30-year precedent that actionable employment actions under Title VII must relate to “ultimate employment decisions,” the Fifth
Illinois Enacts Law Requiring “Equal Pay” for Temporary Workers
On August 4, 2023, Illinois Governor Pritzker signed HB2862 (the “Bill”) into law. The Bill requires temporary staffing agencies to provide certain temporary workers with the same pay and benefits as the workers’ directly employed counterparts with “the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires
Remedies for Trade Secret Misappropriation
An owner of a trade secret that has been misappropriated may seek remedies of injunctive relief and monetary damages, to compensate it for the economic harm resulting from the party that stole and benefitted from the theft of the trade secret. While injunctive relief is the gravamen of any trade secret misappropriation claim, the available monetary damages often drive litigation
Webinar Recording: Best Practices for Companies Using Generative AI for Business Purposes
On July 26, Taft partner Marcus Harris and attorney O. Joseph Balthazor Jr., offered best practices for companies using generative AI for business purposes. This webinar explored how business are using generative AI now; legal issues surrounding generative AI; regulations in place for generative AI; and more.
To watch a recording of this webinar, click here.
Implications of and Open Questions Regarding the N.Y. State Legislature’s Passage of Bill Banning Non-Competes
On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it becomes law, would impose a near-total ban on new non-compete agreements within the state or otherwise governed by New York law.
EU Passes Artificial Intelligence Legislation
On June 14, 2023, European Union (EU) parliament members passed the Artificial Intelligence Act (the “EU AI Act”) which, if enacted, would be one of the first laws passed by a major regulatory body to regulate artificial intelligence. It would also potentially serve as a model for policymakers here in the United States as Congress grapples with how to regulate
N.Y. State Senate Passes Ban on Non-Competes
UPDATE: On June 20, 2023, the New York State Assembly also voted in favor of this legislation, and the Bill is now headed to Governor Hochul. If signed by Governor Hochul, New York would become the fifth state to institute a broad ban of non-compete agreements (after California, North Dakota, Oklahoma, and Minnesota). The Bill would become effective 30 days
Minnesota Enacts Omnibus Jobs Bill With Major Changes For Minnesota Employers
On May 24, 2023, Minnesota Governor Tim Walz signed into law the Omnibus Jobs Bill SF 3035 (the “Bill”). The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer-sponsored meetings; newly mandated statewide paid sick leave; and expanded protections
Illinois Legislature Passes Bill Requiring Disclosure of Pay Scales in Job Postings
***UPDATE: Governor Pritzker signed the bill into law on August 11, 2023.***
On May 17, 2023, the Illinois legislature passed House Bill 3129 (the “Bill”), which amends the Illinois Equal Pay Act (820 ILCS 112, et. seq.) to require Illinois employers to include pay scale and benefits information in job postings and to post or announce internally to employees all