Photo of Matthew V. DelDuca

Matt’s trial experience includes individual and class employment cases, non-competition and trade secret litigation, complex business litigation, shareholder litigation, product liability, and mass tort litigation.

Building on the foundation laid in the first episode, the second installment of this series uses additional examples from the TV show The Office to delve deeper into the intricacies of noncompetes. This time, Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Labor + Employment Partner Matt DelDuca and Employee Benefits + Executive Compensation Partner Jim Earle to focus on the concept of “forfeiture for competition.” Key points that were highlighted include:Continue Reading Navigating Noncompetes: A Comprehensive Guide – Part 2

Executive Summary

On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad confidentiality and non-disparagement provisions is an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (Act). In light of this change, all employers, regardless of whether they are unionized, should carefully consider actions including:Continue Reading NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

On January 5, the Federal Trade Commission (FTC) voted 3-1 to publish its Notice of Proposed Rulemaking, proposing a new rule that, if implemented, would bar employers from entering into noncompete agreements with their workers, and require employers to rescind existing noncompete restrictions with current and former workers. The proposed rule supersedes state laws that are less protective of employees, but keeps the state law that provides employees greater protection. The proposed rule excludes franchisees from the definition of “worker” and has a single, limited exception that applies to the sale of a business.Continue Reading FTC Proposes Rule to Ban Noncompete Clauses With Very Limited Exceptions

Q: We have an employee who is unable to perform some of his essential job requirements because of physical limitations due to his weight.  Do we need to provide him with an accommodation?

 A: Given that almost one-third of the U.S. population is considered obese, many employers are struggling with whether to provide accommodations for employees whose weight prohibits them from performing all of their job functions. Whether obesity falls under the Americans with Disabilities Act is a hotly debated issue. Employers must juggle the cost and resources of providing accommodations with the desire to create a comfortable environment for all employees and avoid discrimination claims.
Continue Reading Is Obesity an ADA Disability?