National Labor Relations Act (NLRA): Federal law that governs labor relations and protects employees' rights to organize and engage in collective bargaining
Fair Labor Standards Act (FLSA): Federal law establishing wage, hour, and employment standards that must be considered in employment agreements
Title VII of the Civil Rights Act: Federal anti-discrimination law that must be considered to ensure covenant agreements don't discriminate against protected classes
Defend Trade Secrets Act (DTSA): Federal law providing uniform trade secret protection that impacts how confidentiality provisions should be drafted
State Trade Secret Laws: State-specific laws governing protection of trade secrets and confidential information that vary by jurisdiction
State Non-Compete Laws: State-specific regulations on non-compete agreements, including restrictions on scope, duration, and enforceability
Consideration Doctrine: Legal requirement that agreements must be supported by adequate consideration to be enforceable
Non-Compete Provisions: Restrictions must be reasonable in duration, geographic scope, and scope of prohibited activities, with varying state enforcement
Confidentiality Provisions: Requirements for protecting company information while complying with trade secret laws and whistleblower protections
Non-Solicitation Provisions: Restrictions on soliciting customers or employees, must be reasonable in scope and duration
Intellectual Property Rights: Work-for-hire provisions and assignment of inventions, subject to state-specific limitations
Severability Clauses: Provisions ensuring agreement remains valid if certain sections are found unenforceable, including blue pencil provisions where applicable
