Brian Mead
Subscribe to Brian Mead's PostsBrian Mead is an employment litigator and transactional advisor. He leads McDermott’s Trade Secrets and Restrictive Covenants Subgroup. Clients call upon him for his substantial experience prosecuting and defending employee mobility, restrictive covenant and trade secret litigation cases across various industries including private equity, healthcare, professional services, technology and manufacturing. Read Brian Mead's full bio.
New York Legislature Passes Noncompete Ban and Awaits Governor’s Signature
By Brian Mead on Jun 27, 2023
Posted In Employment
The New York State Legislature recently passed a bill that will prohibit employers from entering covenants not to compete with their employees and contractors. The bill specifically exempts nondisclosure and client nonsolicitation agreements, but it is silent on employee nonsolicitation agreements and sale of business restrictions. Read more here.
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Minnesota Bans Noncompete Agreements with Limited Exceptions
By Brian Mead on Jun 22, 2023
Posted In Employment
Effective July 1, 2023, Minnesota will no longer allow covenants not to compete, with limited exceptions for the sale or dissolution of a business. The law is not retroactive, nor does it apply to nondisclosure agreements or client/customer nonsolicitation restrictions. Read more here.
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Illinois’ New Paid Leave Law: What Employers Need to Know
By Brian Mead, P. Kevin Connelly and Emily Starbuck on Apr 18, 2023
Posted In Employment, Labor
The Paid Leave for All Workers Act (PLAWA) was signed into law by Governor J.B. Pritzker on March 13, 2023, ensuring that all workers in Illinois receive 40 hours of paid time off annually for any purpose. The law will become effective on January 1, 2024, requiring employers to utilize the remaining months of 2023...
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FTC Proposes Rule Banning Noncompete Agreements
By Paul Hughes, Brian Mead and Emily Starbuck on Jan 19, 2023
Posted In Employment
On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. This proposal arises from a preliminary finding by the FTC that noncompetes constitute an unfair method of competition in violation of Section 5 of the Federal Trade Commission Act (FTC...
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Colorado Continues to Whittle Away at Non-Compete Agreements
By Michelle S. Strowhiro, Cristell Fortune and Brian Mead on Sep 27, 2022
Posted In Employment, Labor
Effective August 10, 2022, Colorado’s laws governing restrictive covenants were amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees, including compensation thresholds and notice requirements. The new law also sets forth steep penalties for any violations. This article provides the details of these new restrictions. Read...
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How Does the FMLA Apply to a Remote Workforce?
By Brian Mead and Dawn Peacock on Sep 6, 2022
Posted In Employee Benefits, Employment, Labor
The Family and Medical Leave Act (FMLA) was enacted in 1993, a year when the idea of working a corporate job from a living room was rare. When the law was passed, the FMLA didn’t contemplate a remote workforce. Now, and especially post-pandemic, many companies are embracing a fully remote workforce (e.g., sales representatives, healthcare...
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New Chicago Ordinance on Sexual Harassment Takes Effect
By Brian Mead and Dawn Peacock on Jul 11, 2022
Posted In Employment
The new Chicago Ordinance on sexual harassment, effective July 1, 2022, requires that an employer maintaining a business facility within the geographic boundaries of Chicago must have a written policy—including a conspicuously displayed notice poster in English and Spanish—documenting the prohibition of sexual harassment. Read more here.
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Restrictive Covenants Evolve from Common Law to Statutory Regulation: The 2022 Watershed
By Brian Mead and Aaron P. Sayers on Apr 19, 2022
Posted In Employment, Executive Compensation, Labor
Restrictive covenants were once the exclusive province of the courts in each state. That is no longer the case. Although case law still governs restrictive covenants, states also are enacting restrictive covenants statutes. Today, 30 states (including Washington, DC) have laws affecting restrictive covenants. Unlike state statutes regulating trade secrets (which largely follow the Uniform...
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New Illinois Noncompete and Nonsolicitation Law in Effect
By Brian Mead and Barrick Bollman on Mar 15, 2022
Posted In Employment, Labor
As of January 1, 2022, a new Illinois law governing restrictive covenants (Public Act 102-0358) is in effect. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It applies to all agreements entered into on or after January 1. Read more here.
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When Is COVID-19 a Disability? Courts Tackle Issue in Bias Cases
By Brian Mead on Nov 3, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
A Pennsylvania federal judge recently allowed an employee to move forward with a discrimination lawsuit after her employer terminated her following a positive COVID-19 test result. According to this Bloomberg Law article, the judge noted that COVID-19 could be considered a disability under the Americans with Disabilities Act (ADA); however, it’s unclear if the ADA...
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