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The FTC Non-Compete Rule: Current Status and Practical Advice for Employers

As most employers know, the Federal Trade Commission (FTC) adopted a controversial rule earlier this year that will prohibit virtually all noncompete restrictions (the “Non-Compete Rule”) as of its effective date, Sept. 4,...more

FTC Votes to Issue Final Noncompete Rule

The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete...more

New Year, New Laws for California Employers

A slew of new California employment laws were passed in 2023, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as employment...more

Colorado’s POWR Act Comes With Significant Risks for Employers

As the most substantive worker rights bill from this year’s legislative session, Colorado’s newly enacted Protecting Opportunities and Workers’ Rights (POWR) Act radically changes state employment laws. Imposing a new...more

New York State’s Pending Non-Compete Ban: Potential Impact on Corporate Transactions

A bill that would ban nearly all forms of non-competition restrictions in New York passed both houses in the state legislature and is now with Gov. Kathy Hochul to sign into law. If signed, this would have profound...more

Misdemeanor Enforcement of Colorado’s Non-Compete Statute

Colorado’s laws governing non-compete agreements between employers and employees can be complex—particularly those involving physicians. In SB 21-271, the Colorado General Assembly added another layer of potential complexity...more

Nevada Redefines Non-Compete Standards; Employers Should Promptly Review Their Agreements

The Nevada Legislature recently passed, and the governor approved, a new law addressing employee non-compete agreements, which went into effect on June 3, 2017. The law expressly defines the standards for enforceable...more

Nevada Supreme Court Confirms That Overbroad Non-Compete Agreements Will Be Invalidated, Not Modified

The Nevada Supreme Court recently held that it is improper for Nevada courts to modify overbroad non-compete agreements. The Court emphasized that it was not creating new law with this ruling, but rather clarifying existing...more

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