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Articles by Jonathan Trafimow
Labor & Employment Law Daily Wrap Up , EXPERT INSIGHTS—Washington State bans most non-competes retroactively, but not until June 2027 , (Jun 18, 2026)
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Washington State Bans Most Non-Competes Retroactively, But Not Until June 2027
Jeffrey Boxer’s articles from Carter Ledyard & Milburn are most popular: within Employment and HR topic(s) in United States with readers working within the Advertising & Public Relations, Banking & Credit and Business & Consumer Services industries Carter Ledyard & Milburn are most popular: within Employment and HR, Government, Public Sector and International Law topic(s) Washington State recently adopted legislation banning most non-compete agreements, including non-competes in existing...
Federal Court Affirms Constitutionality Of New York Labor Law Amendment Limiting Liquidated Damages
Jonathan Trafimow’s articles from Carter Ledyard & Milburn are most popular: with Senior Company Executives and HR in United States with readers working within the Media & Information and Law Firm industries In a July 18, 2025 article, we discussed an amendment to New York Labor Law (NYLL) §191 (now codified at NYLL §191(1)(a)) that eliminated liquidated damages in cases involving the late payment of wages for manual workers if certain conditions are met.
Labor & Employment Law Daily Wrap Up , EXPERT INSIGHTS—Tennessee limits non-compete agreements with lower compensated employees while presuming that restrictive covenants of up to two years are reasonable in duration , (Jun 8, 2026)
Articles Law Firms Organizations Law Firms Mentioned:Carter Ledyard & Milburn By Jeffrey Boxer and Jonathan Trafimow of Carter Ledyard & Milburn Beginning on July 1, 2026, Tennessee will bar noncompete agreements with employees who earn less than $70,000 per year. For noncompete agreements with employees who earn $70,000 per year or more, and for other restrictive covenants, Tennessee's new s ... You have no more complimentary views available this month.
Federal Court Affirms Constitutionality of New York Labor Law Amendment Limiting Liquidated Damages
In a July 18, 2025 article, we discussed an amendment to New York Labor Law (NYLL) §191 (now codified at NYLL §191(1)(a)) that eliminated liquidated damages in cases involving the late payment of wages for manual workers if certain conditions are met. These conditions are that the employer must not have been previously found to have violated the law, and that the employees were paid at least semi-monthly.
Tennessee Limits Non-Compete Agreements With Lower Compensated Employees While Presuming That Restrictive Covenants Of Up To Two Years Are Reasonable In Duration
Carter Ledyard & Milburn are most popular: within Government, Public Sector and International Law topic(s) Beginning on July 1, 2026, Tennessee will bar noncompete agreements with employees who earn less than $70,000 per year. For noncompete agreements with employees who earn $70,000 per year or more, and for other restrictive covenants, Tennessee’s new statute includes a presumption that a restriction that lasts two years or less is reasonable in duration.
Department Of Labor Reveals New Joint Employer Rule Proposal
Carter Ledyard & Milburn are most popular: within Energy and Natural Resources, Government, Public Sector and Law Department Performance topic(s) On April 22, 2026, the United States Department of Labor (“DOL”) announced its new proposed rule aimed at clarifying when multiple employers share joint liability for violations of federal wage and hour laws.
The FTC Switches Gears On Noncompete Enforcement
Jeffrey S. Boxer’s articles from Carter Ledyard & Milburn are most popular: with readers working within the Business & Consumer Services industries Carter Ledyard & Milburn are most popular: within International Law topic(s) The Federal Trade Commission's (FTC) nationwide ban on virtually all noncompete agreements in the employment context was expected to take effect in Sept. 2024.
Proposed Amendment To New York Labor Law Would Resolve Disagreement Between First And Second Departments
Consider the following. Irma works as a manual laborer, as that term is defined by the New York Labor Law (NYLL) and her employer regularly pays Irma her wages every two weeks. But Section 191 of the NYLL requires weekly payment of wages to manual workers. Have Irma's rights under the NYLL been violated? If so, what damages are available to her? Some readers of this space will recognize these (alleged) facts and legal issues from Vega v. CM & Assocs. Constr.
A Look Back On The Retroactivity Of New York's Amended Whistleblower Protection Law
In an excellent column in these pages, Nicholas J. Pappas and Elena Mondi discussed recent developments, including statutory amendment in 2021 (effective January 26, 2022) (2021 Amendment), to New York Labor Law Section 740, New York's Whistleblower Law, and noted that courts were divided on the issue of whether the statute applied retroactively. Recent Developments Under New York's Amended Whistleblower Protection Law, New York Law Journal, Aug. 7, 2024.
A Look Back on the Retroactivity of New York’s Amended Whistleblower Protection Law
In an excellent column in these pages, Nicholas J. Pappas and Elena Mondi discussed recent developments, including statutory amendment in 2021 (effective January 26, 2022) (2021 Amendment), to New York Labor Law Section 740, New York’s Whistleblower Law, and noted that courts were divided on the issue of whether the statute applied retroactively. Recent Developments Under New York’s Amended Whistleblower Protection Law, New York Law Journal, Aug. 7, 2024.
Retaliation Claim Against Carter Ledyard's Client Dismissed
On March 28, 2025, Kings County Justice Aaron Maslow granted a pre-answer motion to dismiss retaliation claims filed by a former supervising pharmacist against Carter Ledyard clients, a specialty pharmacy that provides sterile and non-sterile compounded pharmaceuticals and the pharmacy owner. The former employee sued under New York's recently expanded whistleblower statute, New York Labor Law section 740.
New York State Legislature Considers Non-Compete Bills
CL Carter Ledyard & Milburn More Carter Ledyard & Milburn is a New York-based law firm with a strong focus on litigation, corporate transactions, real estate, and trusts and estates. We have a ratio of partners to associates of about one to one, and provide personal, partner-level attention to all clients and matters, large and small.
Federal Court In Texas Strikes Down FTC Rule Barring Non-Competes
A federal court in Texas struck down the FTC's newly adopted rule banning virtually all non-compete clauses with workers. The rule had been slated to become effective on September 4, 2024. Our summary of the FTC's non-compete rule can be found here. The federal court in Texas in Ryan v. FTC issued a decision on August 20, 2024 holding that the FTC exceeded its statutory authority in implementing the rule and that the rule is arbitrary and capricious.
Federal Court Decision Identifies Employer Liability For Use Of Automated Employment Decision-Making Tools
We have previously written on New York City's law requiring audits for employers and employment agencies (together, "Employers") who use automated employment decision-making tools ("AEDTs") to assist in making employment decisions. A recent ruling by a California court in Derek Mobley v. Workday, Inc. (Case No. 23-cv-00770-RFL) holds that Employers may face liability under federal law for their use of AEDTs. If other courts follow suit, this development could impact Employers across the country.
Federal Court In Pennsylvania Denies Injunction Preventing FTC From Enforcing New Non-Compete Rule
A federal court in Pennsylvania rejected an attempt to enjoin the FTC's newly adopted rule banning virtually all non-compete clauses with workers. (Our summary of the FTC's non-compete rule can be found here.) The court in ATS Tree Services, LLC v. Federal Trade Commission held that the plaintiff failed to demonstrate it would be irreparably harmed if the rule goes into effect.
Court Issues Limited Injunction Preventing FTC From Enforcing New Non-Compete Rule Against The Plaintiffs, But Not Others
The federal court presiding over challenges to the FTC's newly adopted rule banning virtually all non-compete clauses with workers has issued an injunction preventing the rule from taking effect while the court considers the plaintiffs' challenge to the rule, but the court limited the scope of the injunction to only the named plaintiffs in the litigation.
FTC Adopts Rule Barring Virtually All Non-Competes With Workers
On April 23, 2024, the Federal Trade Commission ("FTC") adopted a sweeping rule banning virtually all future non-compete clauses with workers and invalidating existing non-compete clauses with all workers other than "senior executives." The three Democratic Commissioners voted in favor of the rule, while the two Republican Commissioners voted against the rule. The rule deems non-compete agreements illegal unfair competition in violation of Section 5 of the FTC Act.
New York City Considers Non-Compete Bans And Limits
In the wake of New York Governor Kathy Hochul's veto of state legislation that would have banned virtually all non-compete agreements in New York State, the New York City Council is considering three separate bills that would ban or limit non-competes in New York City. The first bill being considered by the City Council is a complete ban on all non-competes with all "workers" in New York City. "Workers" is defined to include both employees and independent contractors.
New York Governor Vetoes Legislation Barring Non-Competes
On Friday, December 22, 2023, New York Governor Kathy Hochul vetoed a bill that would have barred virtually all post-employment non-compete agreements in New York state. The bill passed both houses of the legislature this summer and has been the subject of intense negotiation since then. You can read our summary of the bill here. One key issue with the legislation was its failure to allow for non-competes in connection with the sale of a business.
EXPERT INSIGHTS-NEW YORK CITY'S ALGORITHMIC HIRING LAW: WHAT YOU NEED TO KNOW
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New York City's Algorithmic Hiring Law: What You Need To Know
Effective July 5, 2023, New York City now requires employers or employment agencies that use automated employment decision tools ("AEDTs") to submit those AEDTs to periodic bias audits, to make information about the bias audit publicly available, and to provide certain notices to job candidates or employees.
Stirring The Pot: Employee Cannabis Use In New York - - United States
Alex Malyshev and Jonathan Trafimow's article explores employment law protections provided to cannabis users, and explains how New York law mediates the competing interests against employers who may not be high on the idea of a pot-infused workplace. Read the Article. July 10, 2023 - New York law provides protections to cannabis users (though the degree of protection varies based on whether the use is medical or recreational).
Stirring the pot: employee cannabis use in New York
(July 10, 2023) - Alex Malyshev and Jonathan Trafimow of Carter Ledyard & Milburn LLP discuss the protections under New York law on use of cannabis by employees in areas including private use, drug testing and medical marijuana. New York law provides protections to cannabis users (though the degree of protection varies based on whether the use is medical or recreational).
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