A federal district court in Texas has set aside a recently passed rule issued by the Federal Trade Commission (FTC) which made it illegal for employers to make employees sign non-compete agreements. These agreements were prohibited to make it easier for employees to obtain alternative work or start their own businesses. As a result of this ruling, the FTC’s rule cannot be enforced, but it will remain on the books until the case is fully litigated.
Category: Negotiation Issues
News, advice and common issues regarding negotiation issues in the workplace by The Employee’s Lawyer.
FTC Finalizes Ban on Non-Compete Clauses
The Federal Trade Commission (FTC) has finalized a broad ban on non- compete clauses in employment contracts throughout the United States. While many consider this to be a potential boon for workers, employers have pushed back, saying that non-compete agreements are essential for their businesses. The FTC is already facing potential litigation on the issue from employers angry about the new rule.
NY Governor Vetoes Ban on Non-Compete Agreements
Governor Kathy Hochul of New York has vetoed a law that would have banned non-compete agreements throughout the state. If it had passed, the law would have had a substantial impact on labor law, and affected employees across potentially every industry with these sorts of agreements in their employment contract. However, because of the veto, non-compete agreements will remain in place, at least for now.
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What is a Confidentiality Agreement, and How Can it Affect You?
If you work with any kind of sensitive information as part of your job, or have settled a case against your employer, you may have been forced to sign a confidentiality agreement at some point. While this sort of agreement can be important and useful, it can also be abused to silence employees from speaking out about the harm they have suffered. But what exactly is a confidentiality agreement, and how can it affect you? Continue reading “What is a Confidentiality Agreement, and How Can it Affect You?”
Employment Arbitration: Five Things You Need to Know
Many employers will use mandatory arbitration clauses in employment contracts to force their employees to settle certain legal matters in private arbitration. These clauses can have a significant impact on employees’ ability to assert their rights and pursue justice when they are affected by labor and employment law violations. Here are five things you need to know about employment arbitration:
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Marvel VFX Workers Form Union in Industry First
Visual effects (VFX) artists working for Marvel Studios have voted unanimously to form the first ever union including only VFX workers. The union is being organized through the International Alliance of Theatrical Stage Employees (IATSE), and the election was held between August 21 and September 11. Organizers in charge of the event consider this to be an important first step in helping to improve pay and working conditions for VFX artists across the industry.
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Seven Common Reasons Employees Go on Strike
Employees have a legal right to strike against their employer over grievances with their workplace or their terms of employment. By striking, employees can force employers to the negotiating table for the purposes of collective bargaining, which can potentially improve their circumstances. Here are seven of the most common reasons that employees go on strike:
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SAG-AFTRA Votes to Strike Against Studios and Streaming Services
The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) voted to go on strike after failing to reach an agreement with movie and television studios, as well as online streaming services, over a number of issues. This comes just over two months after the Writers Guild of America (WGA) also went on strike due to exploitative business practices and low pay. The goal of these strikes is to obtain better pay and benefits for their members, including better residuals for streaming shows, as well as to curtail efforts by studios to exploit actors using AI and other similar technology.
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What it Means to Organize for Better Working Conditions
One of the primary reasons that people will engage in labor organizing, including striking, is to help obtain better working conditions. In this way, they can make their job easier, safer, and more comfortable for themselves and everyone at their job. But what exactly does it mean to strike for better working conditions, and how can labor organizing help to achieve that?
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Unions Liable for Intentional Property Damage Against Employers
In a recent ruling, the Supreme Court of the United States has held that labor unions may be held liable for “intentional property damage” against employers during a strike. The court ruled that the National Labor Relations Act (NLRA) does not preempt tort claims made against the union for property that was intentionally damaged or destroyed during a strike. This is seen as a blow to many unions, who may now face legal liability from employers seeking to intimidate them into silence.
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