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Non-compete Clauses In The United States
The majority of U.S. states recognize and enforce various forms of non-compete agreements. A few states, such as California, North Dakota, and Oklahoma, totally ban noncompete agreements for employees, or prohibit all noncompete agreements except in limited circumstances. Prevalence and status Data from 2018 indicates that non-compete clauses cover 18 percent of American labor force participants. A 2023 petition to the FTC to ban non-compete agreements estimated that about 30 million workers (about 20% of all U.S. workers) were subject to a noncompete clause. While higher-wage workers are comparatively more likely to be covered by non-compete clauses, non-competes covered 14 percent of workers without college degrees in 2018. By some estimates, nearly half of all technical workers are covered by non-compete agreements. Federal law In March 2019, Democratic officials, labor unions, and workers' advocacy groups urged the U.S. FTC to ban non-compete clauses. A petition to the FT ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-compete Agreement
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as "restrictive covenants". As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or start a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California. It was based on a civil code originally prepared by David Dudley Field II for the state of New York (but which was never enacted in that state). It is one of the 29 California Codes and was among the first four enacted in 1872. Organization Though the Code is organized in a manner similar to many civil law civil codes, many of its provisions are codifications of well-established common law principles. For example, it contains a definition of consideration, a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, which is a feature unique to the common law. First adopted in 1872 and signed into law by then Governor Newton ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
At-will Employment
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, orientation, pregnancy, race, religion, or sexuality). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century, and was endorsed by the U.S. Supreme Court during the ''Lochner'' era, when members of the U.S. ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria metropolitan area, Illinois, Peoria and Rockford metropolitan area, Illinois, Rockford, as well Springfield, Illinois, Springfield, its capital. Of the fifty U.S. states, Illinois has the List of U.S. states and territories by GDP, fifth-largest gross domestic product (GDP), the List of U.S. states and territories by population, sixth-largest population, and the List of U.S. states and territories by area, 25th-largest land area. Illinois has a highly diverse Economy of Illinois, economy, with the global city of Chicago in the northeast, major industrial and agricultural productivity, agricultural hubs in the north and center, and natural resources such as coal, timber, and petroleum in the south. Owing to its centr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blue Pencil Doctrine
The blue pencil doctrine is a legal concept in common law countries, where a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable. The Blue Pencil Rule allows the legally valid, enforceable provisions of the contract to stand despite the nullification of the legally void, unenforceable provisions. However, the revised version must represent the original meaning; the rule may not be invoked, for example, to delete the word "not" and thereby change a negative to a positive. Etymology The term stems from the act of editing written copy with a blue pencil. In UK law The principle was established by the House of Lords in the case of '' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' (1894). Other statutory provisions such as the Sale of Goods Act 1979 and the Unfair Terms in Consumer Contracts Regulations 1999 have established the Blue Pencil principle in statute law. In Rose & Frank Co v JR Crompton & Bros ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to the south by the Straits of Florida and Cuba; it is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. Spanning , Florida ranks 22nd in area among the 50 states, and with a population of over 21 million, it is the third-most populous. The state capital is Tallahassee, and the most populous city is Jacksonville. The Miami metropolitan area, with a population of almost 6.2 million, is the most populous urban area in Florida and the ninth-most populous in the United States; other urban conurbations with over one million people are Tampa Bay, Orlando, and Jacksonville. Various Native American groups have inhabited Florida for at least 14,000 years. In 1513, Spanish explorer Juan Ponce de León became the first k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the eighth most extensive and 21st most populous U.S. state. The 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States census. The region has been inhabited by Native Americans and their ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", the color of the Fountain Formation outcroppings found up and down the Front Range of the Rocky Mountains. The Territory of Colorado was organized on February 28, 1861, and on August 1, 1876, U.S. President Ulyss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limited Liability Company
A limited liability company (LLC for short) is the US-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. An LLC is not a corporation under state law; it is a legal form of a company that provides limited liability to its owners in many jurisdictions. LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership, and, under certain circumstances, LLCs may be organized as not-for-profit. In certain U.S. states (for example, Texas), businesses that provide professional services requiring a state professional license, such as legal or medical services, may not be allowed to form an LLC but may be required to form a similar entity called a professional limited liability company (PLLC). An LLC is a hybrid le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partnership
A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations may partner to increase the likelihood of each achieving their mission and to amplify their reach. A partnership may result in issuing and holding equity or may be only governed by a contract. History Partnerships have a long history; they were already in use in medieval times in Europe and in the Middle East. According to a 2006 article, the first partnership was implemented in 1383 by Francesco di Marco Datini, a merchant of Prato and Florence. The Covoni company (1336-40) and the Del Buono-Bencivenni company (1336-40) have also been referred to as early partnerships, but they were not formal partnerships. In Europe, the partnerships contributed to the Commercial Revolution which started in the 13th centur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goodwill (accounting)
In accounting, goodwill is an intangible asset recognized when ownership of a firm is transferred as a going concern. It represents the value of a firm's intrinsic ability to retain customer business, where that value is not otherwise attributable to brand name recognition, contractual arrangements or other specific factors. Goodwill is recognized only through an acquisition; it cannot be self-created. It is the excess of the "purchase consideration" (the money paid to purchase the asset or business) over the net value of the assets minus liabilities. It is classified as an intangible asset on the balance sheet, since it can neither be seen nor touched. Under US GAAP and IFRS, goodwill is never amortized, because it is considered to have an indefinite useful life. (Though private companies in the United States may elect to amortize goodwill over a period of ten years or less under an accounting alternative from the Private Company Council of the FASB.) Instead, management is respon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or ''locus standi'', which is the ability of a party to demonstrate to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
