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States Look for New Angle to Fight No-Poach Agreements

By on July 25, 2018 in Contracts, Employment

Attorneys general in 10 states and the District of Columbia have recently launched an investigation into the employment practices of eight fast-food franchises, according to the Fisher & Phillips Non-Compete and Trade Secrets Blog.

Associate Liane Dublinski Kozik writes that the group sent a joint letter to the companies requesting information on the companies’ use of restrictive covenants including “‘employee non-competition,’ ‘no solicitation,’ ‘no poach,’ ‘no hire,’ or ‘no switching’ agreements (collectively referred to as ‘No Poach Agreements’).”

“No-poach agreements should be limited in scope and duration, and if no-hire provisions are included, they should be limited to upper-level management,” she advises. “State-level scrutiny from legislators and attorneys general is not going away and likely to only increase.”

Read the article.

 

 

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