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Published on Jun 20, 2024

“The freedom to change jobs is core to economic liberty and to a competitive, thriving economy,” said Chair Lina M. Khan. “Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand. By ending this practice, the FTC’s proposed rule would promote greater dynamism, innovation, and healthy competition.” Under the guise of increasing workers’ earning, the Federal Trade Commission proposed a new rule that would ban employers from imposing noncompete clauses on their workers – irrespective of their position in the company and their access to Company confidential and proprietary information. The proposed rule would also apply to independent contractors and anyone who works for an employer, whether paid or unpaid. It would also require employers to rescind existing noncompetes and actively inform workers that they are no longer in effect.

Published on Jun 18, 2024

The Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act on June 13, 2024, and Governor Daniel McKee will now review the legislation. The act will apply to for-profit entities in Rhode Island that conduct business in Rhode Island or produce products or services that are targeted to state residents and that, during the prior calendar year, either (1) controlled or processed the personal data of at least 35,000 state residents or (2) controlled or processed the personal data of at least 10,000 state residents and derived more than 20% of their gross revenue from the sale of personal data. The act only applies to consumer personal data and excludes employee or business-to-business data. Exemptions exist for GLBA-regulated entities, HIPAA-covered entities, non-profit organizations, institutions of higher education, and FERPA-regulated personal data. Processing personal data for compliance with state or federal law and law enforcement investigations is also covered.

Published on Jun 17, 2024

The Vermont Data Privacy Act (H.121), sometimes known as the "VTDPA," was vetoed by Governor Phil Scott on Thursday, June 13, 2024, possibly postponing the implementation of what has been praised as one of the strongest consumer data privacy laws in the country. In order to override the veto, the VTDPA will now go to the General Assembly, where a two-thirds majority in each chamber will be required. On Monday, June 17, the General Assembly is expected to convene. The Governor's veto of the bill is based on the same grounds that set the VTDPA apart: a private right of action, enhanced safeguards against addictive online content for minors, and distinctively broad definitions and provisions, particularly with regard to its particular data minimization requirements. Governor Scott specifically said in his letter to the General Assembly that the law will put people at risk of "unnecessary and avoidable levels." The governor identifies three major areas that he feels are at risk in the letter:

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  • Empower your team with knowledge of what your policies, procedures, and contracts should contain and let them create unique and personalized policies for your company. This includes how to negotiate someone else’s contract when it is presented to you or how to defend your contract. How to negotiate yourself into a deal or out of trouble.
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