The FTC’s plan to shut down non-competes might be on hold, but that doesn’t mean that this area of controversy has gone totally quiet.

Another federal agency, the CFPB, recently joined the restrictive conversation when it issued acircularto remind employers that they risk violating statutes prohibiting whistleblower discrimination and retaliation by requiring their employees to enter into broad confidentiality agreements that do not clearly permit communications with government enforcement agencies or cooperation with law enforcement.

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The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these protections are weighed against the state’s robust employment laws for employees’ political activity. This tension is at the heart of the Carano v. The Walt Disney Company case, and the prominent film company is moving to certify the case as an interlocutory appeal to be heard […]