Washington State Enacts Comprehensive Noncompete Reform

Washington Governor Jay Inslee has signed Engrossed Substitute House Bill 1450 (HB 1450), radically altering the law governing noncompetition agreements and moonlighting prohibitions in Washington State. The bill will become effective on January 1, 2020, but includes provisions for retroactivity. Employers with Washington operations that have (or want) such agreements with their employees, or that are considering hiring individuals who have entered into such agreements with other employers, need to understand the new restrictions.
New […]

By | May 20, 2019 ||

Hunton Employment & Labor Perspective: Supreme Court Holds That Agreements To Class Arbitration Must Be Explicit

In a 5-4 decision, the U.S. Supreme Court slammed the door shut on class arbitration unless specifically authorized by the parties. The decision, Lamps Plus, Inc. v. Varela, reaffirmed the Court’s prior precedent that arbitration is a matter of consent, and that “[s]ilence is not enough” to infer consent to class arbitration.

Frank Varela, an employee of Lamps Plus, filed a putative class action in California federal court following a data breach. At his hire, Valera signed […]

By | May 18, 2019 ||

Is My Non-Compete Enforceable? The Answer Might Surprise You

Non-competes are scary for anyone. I represent many medical professionals, and occasionally a physician will mention she feels stuck by a non-compete. “I am going to have to move away for two years just so that I can come back and open my own practice.” When I mention the non-compete may not actually be enforceable, I generally receive a very skeptical look.

So, I thought I’d take this opportunity lay out some of the basics […]

By | May 16, 2019 ||