Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of interest encouraging a Nevada state court to consider federal antitrust principles to invalidate non-compete agreements between a large medical group and its physician-employees. Taken together with other recent actions by the president and federal enforcement agencies, the DOJ’s decision to file this statement signals a more aggressive approach to non-compete enforcement at the federal level.
In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment litigation under Title VII of the Civil Rights Act of 1964. The Tenth Circuit’s recent decision in Frappied v. Affinity Gaming Black Hawk, LLC, No. 19-1063 (10th Cir. 2020), suggests that, following Bostock, courts may begin to recognize new claims or even reconsider prior limitations on Title VII’s scope.
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