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By Joshua D. Sussman, Esq. The Federal Trade Commission’s Final Rule banning most noncompete agreements with workers was set aside by an August 20, 2024 nationwide order issued in the United States District Court for Texas. The new rule was set to go into effect on...
This week the Federal Trade Commission (FTC) voted to ban noncompete agreements in employment contracts. In a 3-2 vote, the FTC’s new rule - which is scheduled to take effect in 120 days after it is published in the Federal Register - will prohibit not only the...
By Lisa Giunta-Popeil, Esq.Email Lisa Restrictive covenants have become commonplace in many New York employment contracts, including in the healthcare industry. One frequently included restrictive covenant is an agreement not to compete. While the Federal Trade Commission is currently considering whether to ban non-compete agreements entirely and the New York State Senate and Assembly have also considered bills curtailing non-compete agreements, presently they remain enforceable in New…
On December 13, 2021, the Commissioner of the New York City Department of Health and Mental Hygiene issued an emergency Order mandating Covid-19 vaccination for private employees pursuant to Section 3.01(d) of the Health Code and Sections 556 and 558 of the New York City Charter. The emergency Order requires covered businesses to generally exclude their unvaccinated workers in New York City…
By Mathew J. Levy, Esq. Email Mathew Unfortunately, yet understandably, most dentists are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, dentists often do not realize that while there are provisions in such contracts that are standard in the industry, there are many…
By Joshua D. Sussman, Esq. Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of their employment. What do…
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council in Albany voted to amend the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), significantly expanding the emergency Covid-19 vaccination mandate previously announced by former Governor Andrew Cuomo. Whereas the previous mandate applied only to healthcare workers…
As many return back to the workplace upon getting vaccinated, efforts are required to ensure we continue to guard against the infectious diseases spreading in the workplace. The recently enacted NY HERO Act guides workplaces on how to best protect their employees. The HERO Act has two parts: (1) the Safety Plan and (2) the Safety Committee. Part 1: The…
By Mathew J. Levy, Esq. Unfortunately, yet understandably, most physicians are reluctant to read all of the provisions in their employment contracts in the belief that they face a “take it or leave it” quandary. However, physicians often do not realize that while there are provisions in such contracts that are standard in the industry, there are many issues which…
By Mathew J. Levy, Esq. & Stacey Lipitz Marder, Esq. OVERVIEW:Employees often play a critical role in the success of a business. Although employees can often be an asset, they can also often be a liability. As the owner of your business, you are ultimately responsible for the actions of your employees. In order to ensure that your employees are…