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In two highly publicized administrative actions, the Federal Trade Commission and the National Labor Relations Board have sought to end, or at least significantly curtail, the use of noncompete agreements, and standard non disparagement and confidentiality provisions in severance agreements, respectively. Both actions will be challenged, thus creating a limbo period for employers as the … Read more
As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition and Consumer Commission (ACCC) about the competitive impacts of non-compete post-employment restraints. Leigh suggests that non-compete clauses in employment contracts hampers job mobility and wage growth, and … Read more
The Government has now published further details of the proposed reforms to employment law announced in its policy paper on 10 May (see our post here). Non-competes The response to the 2020 consultation here confirms the following: the proposed statutory limit of 3 months will be applied to non-compete clauses only, and not other types … Read more
Update: On 12 May the Government published consultation documents including further details of the proposed reforms – see our post here. The Secretary of State for the Department for Business and Trade, Kemi Badenoch MP, has today issued a written statement announcing that the Government will replace the current sunset in the Retained EU Law … Read more
The Federal Government has recently passed some of the most extensive industrial relation reforms seen in Australia with the view to providing stronger protections for workers, improving job security and gender equity. Employers could soon be facing further changes, with the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh), suggesting the use … Read more
Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world. Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more
The Court of Appeal has recently emphasised the importance of speed if an ex-employer wishes to obtain an interim injunction enforcing a non-compete covenant. The longer the delay, the more likely it will be that the employee can persuade the court that the damage to the ex-employer’s interests has already been done and the status … Read more
Our October update covers the following: the Enforcement Decree to the Serious Accident Punishment Act (SAPA) in South Korea, which provides guidance on key obligations in the SAPA – see our summary on the obligations for business owners and managerial personnel to prevent serious industrial accidents; in the PRC the Personal Information Protection Law will … Read more
Our July update includes: an update from Hong Kong and the recent case of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873. The case follows the UK position in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172, and considers whether notice clauses in contracts of employment (including those … Read more