Federal Court Blocks FTC’s Ban on Non-Compete Agreements

Yesterday, a federal judge in Texas blocked the Federal Trade Commission’s impending ban on noncompete agreements. The near-total ban was set to go into effect nationwide next month. Obviously, employers are the biggest winners from the court’s decision. In my opinion, this is a setback on what appeared to be a long overdue step in the right direction toward improving employee rights.

However, employers are not the only ones who will benefit from the court’s decision. Attorneys will benefit too. Let’s be honest, corporate attorneys were benefiting before the ban ever went into effect. I recently noticed a large increase in “non-disclosure” and “confidentiality” agreements with language that strangely mirrored non-competes.

If I am being honest, that means plaintiff-side attorneys, like me, will benefit too. Employees will still call on us to review and negotiate their severance and employee agreements, and we will still fight against overreaching agreements.

In short, yesterday’s ruling means that things remain business as usual for business owners and attorneys. On the other hand, employees are left waiting and hoping that real change will one day come.

If you have concerns about the enforceability of your non-compete agreement, please complete the questionnaire below to contact us and schedule a consultation.

Kirton Madison, Esq. litigates employee discrimination, harassment, and retaliation cases on behalf of employees. He also negotiates employee contracts and severance agreements.

Lessons from LeBron James and the 2024 NBA Draft

If you follow sports (even if you don’t) you may have heard that LeBron James, and his son Bronny, will soon make history as the first father-son duo to play in the National Basketball Association (“NBA”) simultaneously and on the same team.

How did this happen? LeBron used his status as arguably the greatest basketball player ever to play the game to influence his team, the Los Angeles Lakers, to sign Bronny with the 55th pick in the second round of the NBA draft. How did he do it? Simple. He opted out of his player option for the 2024 – 2025 season and made it decisively clear to the Lakers’ management (and every owner in the league) that he wanted to play on the same basketball team as his son. It was a power move that many people, for various reasons, envy.

Whether you are fan of LeBron or not, there are three things we all can learn from this situation:

1. You are worth more to your employer than you realize.

Employers have monetary and non-monetary incentives to devalue your hard work, contributions, and importance to the company or business. This allows them to keep your pay and benefits modest while encouraging (and sometimes demanding) you to work harder without increasing your salary or wages. It gives them a measure of control over you.

2. Don’t be afraid to ask for more from your employer.

The fear of being told “no” should never stop you from asking for more money or things you want or need from your job. Employers want you to be afraid of losing your job. The more afraid you are of being fired or laid off, the more control your employer has over you. They can squeeze more work out of you. Before you know it, you will willingly sacrifice more time away from your family and self-care to appease them. This is a slippery slope because no matter how much you give of yourself, your employer will always want more. It will never be enough.

3. If your employer refuses to honor your wishes, find one who will.

Never be afraid to walk away from an employer who does not value you, your time, your family obligations, or your contributions to the job. This should be a dealbreaker. If you make reasonable demands or requests from your employer, and they outright refuse you or table the discussion for an indefinite future date, that is your sign to look for a new employer.  I am not suggesting that you resign on the spot, but you definitely should update your resume and evaluate (or create) your exit plan. Employers are always looking for fresh talent. Believe it or not, some employers actually value their employees. They pay them well, provide great benefits and perks, and make their employees feel appreciated.  Ask yourself this question: If a different employer is a better option, why not choose them? 

Kirton Madison, Esq. litigates employee discrimination, harassment, and retaliation cases on behalf of employees. He also negotiates employee contracts and severance agreements.

Protecting Employees’ Rights during the COVID-19 Pandemic

Without question, 2020 has gotten off to a rocky start.  The COVID-19 pandemic has forced most of the nation into quarantine and wreaked havoc on the U.S. economy.  This has unfortunately led to business closures, company downsizing, and in some cases mass layoffs.

If you have fallen victim to one of the above scenarios and have concerns about your rights, or questions regarding your severance package, non-compete, or non-solicitation Read More

Discrimination at Work? Don’t File that Charge with the EEOC Just Yet!

            Are there any steps that employees should take before filing a charge with the Equal Employment Opportunity Commission (“EEOC”)?  While I was mulling over topics for this blog entry, I asked a colleague of mine (a fellow employment attorney) her thoughts on this subject.  She gave a curious side-eyed expression and asked, “What should you do before you file a charge with the EEOC?”  At that moment, two things were quickly apparent Read More