The FTC recently proposed a categorical ban on post-employment non-competition agreements in the United States. https://www.ftc.gov/legal-library/browse/federal-register-notices/non-compete-clause-rulemaking
Citing anti-competitive and wage-stifling concerns, the proposed ban is an expansion of an earlier suggestion that the FTC sought only to ban post-employment non-competition agreements for certain types of employees. The rule also proposes a broad definition of “non-compete clauses” that includes “de facto” non-compete clauses—agreements that may not restrict competition explicitly but do so as a practical matter—and cites an overly broad non-disclosure agreement as an example.
Notably, the proposed rule also seeks comments on potential alternatives to the categorical ban, including bans on such agreements for workers earning less than $100,000 or the use of rebuttable presumptions of invalidity of such agreements as applied to some or all workers.
Employers will have 180 days from the issuance of the rule to implement it and give notice of rescission to those with current non-competition agreements.
If you would like to discuss the proposed rule with one of our attorneys, please contact us at 512-732-8900.
Super Lawyers ® by Thompson Reuters announced the Texas Super Lawyers 2022 on September 21, 2022. Boulette Golden & Marin L.L.P. is pleased to announce the inclusion of five attorneys from the firm as Texas Super Lawyers for 2022.
Honored again this year:
Jason S. Boulette - Recognized since 2013
- Top 50 – Central/West Texas
- Employment & Labor
Tanya D. DeMent - Recognized since 2020
- Employment & Labor
Michael D. Marin - Recognized since 2008
- Business Litigation
Laura M. Merritt - Recognized since 2009
- Employment & Labor
Ann Abrams Price - Recognized since 2014
- Employment & Labor
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm. For more information, please visit www.boulettegolden.com.
About Best Lawyers
Best Lawyers is the oldest and most respected lawyer ranking service in the world. For over 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.
Boulette Golden & Marin L.L.P. is proud to announce Ashley Smith has joined the firm as Counsel. Ashley is an experienced employment & labor law attorney and educator with significant experience in counseling and litigation. Her practice includes employment litigation defense, wage claims, federal and state agency, compliance, training, employment contracts, employee handbooks, and non-disclosure and non-competition agreements. Her work in counseling both U.S. based and foreign clients in labor law matters includes compliance on COBRA, ERISA, COVID19, NLRA/RLA, FMLA and OSHA.
Ashley holds a BA degree from the The University of Texas and received her JD from the University of Houston Law Center. She is a Member of the National Charity League and Long Center and active supporter of Partnerships for Children.
“I am honored to join such an accomplished group of employment and labor law attorneys. I look forward to serving their clients and continuing to develop my own practice with my former colleagues and friends.” – Ashley Smith, Counsel
“Ashley is a former colleague and long-time friend of the Firm. Over the years, I have watched with great respect the work Ashley has done for her clients. Our Firm is stronger and our Clients will benefit greatly from her sage counsel. I am delighted to have her on our team.” ~ Jason Boulette, Partner
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm. For more information, please visit www.boulettegolden.com.
Best Lawyers® announced the 2023 Edition of Best Lawyers in America® on August 18, 2022. More than 12 million peer evaluations were received and Best Lawyers honored approximately 5.3% of practicing lawyers in the United States, exemplifying the work of the most elite and top-rated lawyers in the country.
Boulette Golden & Marin L.L.P. is pleased to announce the inclusion of five attorneys from the firm as Best Lawyers for 2023. Additionally, Partner Ann Price was recognized as Lawyer of the Year for Employment Law – Management in Austin. The rankings represent recognition for professional excellence with persistently impressive ratings from clients and peers.
Honored this year:
Jason S. Boulette - Recognized since 2006
Employment Law - Management
Labor Law - Management
Ann Abrams Price - Recognized since 2016
Lawyer of the Year, Employment Law - Management
Employment Law - Management
Michael D. Marin - Recognized since 2009
Commercial Litigation
Laura M. Merritt - Recognized since 2018
Employment Law – Management
Labor Law – Management
Litigation - Labor & Employment
Tanya D. DeMent - Recognized since 2015
Litigation - Labor & Employment
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm. For more information, please visit www.boulettegolden.com.
About Best Lawyers
Best Lawyers is the oldest and most respected lawyer ranking service in the world. For over 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.
Steven Garrett named Partner with Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is proud to announce Steven Garrett has been named a Partner in the firm. Steven’s practice is focused on labor & employment law - litigating non-compete and trade secret matters, defending employment discrimination and harassment claims, advising clients on work separation agreements, assisting with federal and state agency compliance and investigations, negotiating collective bargaining agreements and representing clients in corporate immigration matters. He has significant expertise in the use of ediscovery, and digital forensics to creatively identify facts that assist in the resolution of disputes.
Steven holds a BA degree from the The University of Texas and received his JD from the University of Virginia School of Law. He is a Director on the boards of CommUnity Care and Skillpoint Alliance.
“Steven has been a trusted colleague for many years and has served our clients with great passion, tenacity and expertise since 2013. I am delighted to have him now serving as a partner in our firm.” ~ Jason Boulette, Partner
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm. For more information, please visit www.boulettegolden.com.
10 Jan 2022
Three Boulette Golden & Marin Attorneys Recognized by Super Lawyers as Top Women in Texas for 2022
Three Boulette Golden & Marin Attorneys Recognized by Super Lawyers as Top Women in Texas for 2022
Boulette Golden & Marin Partners, Ann Price and Laura Merritt, as well as Associate Tanya DeMent, have been selected to the Texas Top Women list by Super Lawyers. Price, Merritt and DeMent have been selected to the list in Employment & Labor each year since 2019. Female attorneys on the top list have been selected to the Texas Super Lawyers list and ranked at the top of the list in the Super Lawyers selection process.
Please join us in congratulating the Boulette Golden & Marin L.L.P. attorneys on their selections.
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm.
Boulette Golden & Marin Associate Steven Garrett has been appointed to the Board of Directors for CommUnityCare Health Centers. Garrett is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.
With more than 27 Central Texas locations, CommUnityCare is a 501(c)(3) nonprofit that provides outpatient primary health care, dental care, pediatric, specialty care, lab, radiology including mammography, a full-service pharmacy and behavioral health services. Founded in 2009, the nonprofit is an enterprise partner with Central Health, which is the public healthcare district serving
the resident of Travis County. CommUnityCare is a Federally Qualified Health Center (FQHC), which is part of the nation’s vital safety net community health system, providing high quality care to underserved communities without regard to insurance status.
CommUnityCare is among the largest non-profits in Central Texas, with an operating budget of approximately $180 million and serving more than 123,000 individual patients during more than 432,000 appointments. In addition to substantial funding from Central Health and the Federal Bureau of Primary Health Care, public and private grants also support its work.
When asked about his interest in serving CommUnityCare, Garrett said “I could not be more honored to join the board of CommUnityCare. Like for many people, COVID-19 was a catalyst for me to look around my community and see what I could do to help out. Learning about the invaluable service provided for low-income people in and around Travis County made me excited to join
CommUnityCare in its vision to provide the right care, at the right time, at the right place.”
Best Lawyers® announced the 2022 Edition of Best Lawyers in America® on August 19, 2021. More than 10,000,000 peer evaluations were received, which resulted in the inclusion of 66,713 lawyers in 147 practice areas across the United States. Best Lawyers honored approximately 5% of practicing lawyers in the United States, exemplifying the work of the most elite and top-rated lawyers in the country.
Boulette Golden & Marin L.L.P. is pleased to announce the inclusion, once again, of six attorneys from the firm as Best Lawyers for 2022. Additionally, Associate Tanya DeMent was recognized as Lawyer of the Year for Litigation in Labor and Employment in Austin and Partner Jason Boulette was recognized for a second time as Lawyer of the Year Labor Law in Management in Austin. The rankings represent recognition for professional excellence with persistently impressive ratings from clients and peers.
Honored this year:
Jason S. Boulette - Recognized since 2006
2022 Lawyer of the Year for Labor Law in Management in Austin
Employment Law - Management
Labor Law - Management
Tanya D. DeMent - Recognized since 2015
2022 Lawyer of the Year for Litigation in Labor and Employment in Austin
Litigation - Labor & Employment
Michael J. Golden - Recognized since 2013
Employment Law - Management
Michael D. Marin - Recognized since 2009
Commercial Litigation
Laura M. Merritt - Recognized since 2018
Employment Law – Management
Labor Law – Management
Litigation - Labor & Employment
Ann Abrams Price - Recognized since 2016
Employment Law - Management
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm. For more information, please visit www.boulettegolden.com.
About Best Lawyers
Best Lawyers is the oldest and most respected lawyer ranking service in the world. For almost 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.
Boulette Golden & Marin Partner, Michael Marin, was appointed the Board of Directors for The Trail
Foundation in 2021 for a 3 year term. Marin, a longtime member of The Trail Foundation, also serves
on the Governance Committee.
Founded as the Town Lake Trail Foundation in 2003, the name was changed to The Trail Foundation in
2008 when Town Lake was renamed Lady Bird Lake honoring the former First Lady of the United
States, Lady Bird Johnson. The Trail Foundation oversees the Ann and Roy Butler Hike-and-Bike Trail
at Lady Bird Lake in the heart of Austin. Through careful improvements to the Trail’s infrastructure and
environment, the Butler Trail remains a healing place, a place where people go to clear their minds,
commune with nature, gather for fun, or stretch their boundaries. And it’s the center of the city’s
expanding network of connected urban paths. Ultimately, the Trail will extend further eastward and
westward along the lake.
On his enthusiasm for serving The Trail Foundation’s mission, Marin said “As one who has used the
trail regularly for over 25 years, I am so excited to join these excellent colleagues in serving the
mission of TTF to protect, enhance, and connect the trail for the benefit of all Austinites!”
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on
employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas.
Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M
attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm. For more
information, please visit www.boulettegolden.com.
About The Trail Foundation
Our mission is to protect, enhance, and connect the Ann and Roy Butler Hike-and-Bike Trail at Lady Bird Lake for the
benefit of all. Since our formation in 2003 as a 501(c)(3), we have fulfilled our mission through careful improvements to
the Trail’s infrastructure and environment, while honoring the original vision of the Trail’s founders. In 2003, we formed
the Town Lake Trail Foundation to continue the work of the Citizen’s Committee and ensure that the heart of Austin stays
strong. In 2008, inspired by the renaming of the lake, we adopted the name The Trail Foundation.
23 Aug 2021
Boulette Golden & Marin Managing Partner Michael Golden interviewed by El Diario on EEOC COVID Guidance
Mike Golden spoke recently with El Diario.es, a Spanish online news organization, about employers requiring COVID vaccines for employees returning to work. The article was written in Spanish, but Golden’s comments are summarized here in English:
The article itself discusses the EEOC’s guidance that employers may (subject to accommodation obligations under the ADA and Title VII) require employees to be vaccinated prior to returning to the office (or other worksite). New York based reporter Sarah Yáñez-Richards quotes Golden on the assorted practical implications:
- The decision of most employers to require the vaccine or not is driven at least as much by practical considerations as legal ones. Employers are concerned that such requirements could push away either customers or even workers at a time when both are at a premium
- Despite the EEOC’s general guidance that vaccine requirements are permissible, large employers with presences in multiple states may find themselves facing different local legal requirements depending on where employees work
- Ultimately, though, with a few legal restrictions, these are decisions that employers are going to have the freedom to make
The text of the full article on El Diario can be found here.
About Boulette Golden & Marin L.L.P.
Boulette Golden & Marin L.L.P. is an award-winning Austin-based employment and litigation law firm focused on employment and business litigation, counseling, compliance and corporate immigration services for employers in Texas. Well known as experienced, pragmatic litigators who provide responsive and cost-effective counsel to their clients, BG&M attorneys deliver the results of a large law firm with the responsiveness and cost efficiency of a smaller firm.
