Jonathan Trafimow

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New York State Legislature Considers Non-Compete Bills

1 month ago | mondaq.com | Jeffrey Boxer |Jonathan Trafimow |Alexander G. Malyshev

CL Carter Ledyard & Milburn More Carter Ledyard & Milburn is a New York-based law firm with a strong focus on litigation, corporate transactions, real estate, and trusts and estates. We have a ratio of partners to associates of about one to one, and provide personal, partner-level attention to all clients and matters, large and small.
Federal Court In Texas Strikes Down FTC Rule Barring Non-Competes

Aug 21, 2024 | mondaq.com | Jeffrey Boxer |Jonathan Trafimow |Alexander G. Malyshev

A federal court in Texas struck down the FTC's newly adopted rule banning virtually all non-compete clauses with workers. The rule had been slated to become effective on September 4, 2024. Our summary of the FTC's non-compete rule can be found here. The federal court in Texas in Ryan v. FTC issued a decision on August 20, 2024 holding that the FTC exceeded its statutory authority in implementing the rule and that the rule is arbitrary and capricious.
Federal Court In Pennsylvania Denies Injunction Preventing FTC From Enforcing New Non-Compete Rule

Jul 25, 2024 | mondaq.com | Melinda Fellner |Jeffrey Boxer |Alexander G. Malyshev |Jonathan Trafimow

A federal court in Pennsylvania rejected an attempt to enjoin the FTC's newly adopted rule banning virtually all non-compete clauses with workers. (Our summary of the FTC's non-compete rule can be found here.) The court in ATS Tree Services, LLC v. Federal Trade Commission held that the plaintiff failed to demonstrate it would be irreparably harmed if the rule goes into effect.
Court Issues Limited Injunction Preventing FTC From Enforcing New Non-Compete Rule Against The Plaintiffs, But Not Others

Jul 5, 2024 | mondaq.com | Melinda Fellner |Jeffrey Boxer |Alexander G. Malyshev |Jonathan Trafimow

The federal court presiding over challenges to the FTC's newly adopted rule banning virtually all non-compete clauses with workers has issued an injunction preventing the rule from taking effect while the court considers the plaintiffs' challenge to the rule, but the court limited the scope of the injunction to only the named plaintiffs in the litigation.
FTC Adopts Rule Barring Virtually All Non-Competes With Workers

Apr 30, 2024 | mondaq.com | Jeffrey Boxer |Jonathan Trafimow |Alexander G. Malyshev

On April 23, 2024, the Federal Trade Commission ("FTC") adopted a sweeping rule banning virtually all future non-compete clauses with workers and invalidating existing non-compete clauses with all workers other than "senior executives." The three Democratic Commissioners voted in favor of the rule, while the two Republican Commissioners voted against the rule. The rule deems non-compete agreements illegal unfair competition in violation of Section 5 of the FTC Act.
New York City Considers Non-Compete Bans And Limits

Apr 7, 2024 | mondaq.com | Jeffrey Boxer |Jonathan Trafimow

In the wake of New York Governor Kathy Hochul's veto of state legislation that would have banned virtually all non-compete agreements in New York State, the New York City Council is considering three separate bills that would ban or limit non-competes in New York City. The first bill being considered by the City Council is a complete ban on all non-competes with all "workers" in New York City. "Workers" is defined to include both employees and independent contractors.
New York Governor Vetoes Legislation Barring Non-Competes

Jan 5, 2024 | mondaq.com | Jeffrey Boxer |Jonathan Trafimow |Alexander G. Malyshev

On Friday, December 22, 2023, New York Governor Kathy Hochul vetoed a bill that would have barred virtually all post-employment non-compete agreements in New York state. The bill passed both houses of the legislature this summer and has been the subject of intense negotiation since then. You can read our summary of the bill here. One key issue with the legislation was its failure to allow for non-competes in connection with the sale of a business.
EXPERT INSIGHTS-NEW YORK CITY'S ALGORITHMIC HIRING LAW: WHAT YOU NEED TO KNOW

Aug 1, 2023 | today.westlaw.com | Jeffrey Boxer |Jonathan Trafimow

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New York City's Algorithmic Hiring Law: What You Need To Know

Jul 30, 2023 | mondaq.com | Jeffrey Boxer |Jonathan Trafimow

Effective July 5, 2023, New York City now requires employers or employment agencies that use automated employment decision tools ("AEDTs") to submit those AEDTs to periodic bias audits, to make information about the bias audit publicly available, and to provide certain notices to job candidates or employees.
Stirring The Pot: Employee Cannabis Use In New York - - United States

Jul 13, 2023 | mondaq.com | Alexander G. Malyshev |Jonathan Trafimow

Alex Malyshev and Jonathan Trafimow's article explores employment law protections provided to cannabis users, and explains how New York law mediates the competing interests against employers who may not be high on the idea of a pot-infused workplace. Read the Article. July 10, 2023 - New York law provides protections to cannabis users (though the degree of protection varies based on whether the use is medical or recreational).