This summer, a collective and class action suit was filed against Jimmy John’s alleging violations of the Fair Labor Standards Act (“FLSA”) and state law corollaries for minimum wage and overtime violations stemming from its alleged non-payment for off-the-clock work. Recently, that complaint has been amended to add a challenge to Jimmy John’s non-compete agreement… More
Restrictive Covenant
Collusion on No-Poaching May Not Be OK
We often encourage companies to have employees sign non-compete and non-solicitation agreements to protect the employer from unfair competition by former employees. Executives at Google, Apple, Adobe, and Intel took this one step further, however, and proactively agreed amongst themselves not to poach employees from each other’s companies. End result– salaries were purportedly artificially suppressed… More