David Schwartz on Non-Compete Agreements

Insights - September 2024

In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more

FAQs About the Set-Aside of the FTC’s Ban on Noncompetes

In Ryan LLC v. Federal Trade Commission, the Federal Trade Commission’s (FTC’s) final noncompete rule was held to be “unlawful and set aside” by Judge Ada Brown of the U.S. District Court for the Northern District of Texas....more

9/26/2024 / Corporate Counsel , Employer Liability Issues , Employment Contract , Employment Litigation , Enforcement Actions , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Labor Regulations , Loper Bright Enterprises v Raimondo , Non-Compete Agreements , SCOTUS , Texas

FTC Noncompete Rule Is Set Aside, But Appeal Is Expected and States May Act

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more

8/26/2024 / Administrative Procedure Act , Arbitrary and Capricious , Competition , Employees , Employer Liability Issues , Employment Litigation , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Lack of Authority , Non-Compete Agreements , Popular , Set-Asides , Statutory Authority , Texas , Unconstitutional Condition

New Developments on the FTC Noncompete Ban: Ryan, LLC v. FTC Decision

On July 3, 2024, in Ryan v. Federal Trade Commission, a district court in the Northern District of Texas preliminarily enjoined the implementation and enforcement against the plaintiff and plaintiffs-intervenors of a Federal...more

7/9/2024 / Appeals , Employer Liability Issues , Employment Contract , Employment Litigation , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Litigation Strategies , Non-Compete Agreements , Preliminary Injunctions , Texas

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

FTC Ban on Noncompetes Now Slated To Take Effect on September 4

The Federal Trade Commission’s final rule broadly banning noncompete clauses between employers and workers, released on April 23, 2024, was published in the Federal Register on May 7, so the ban will take effect on September...more

5/8/2024 / Employees , Employer Liability Issues , Employment Contract , Federal Bans , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Restrictive Covenants

FTC’s Final Rule Banning Worker Noncompete Clauses: What It Means for Employers

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, issued a final rule that bans noncompete clauses between workers and employers as “unfair method[s] of competition” under Section 5 of the FTC Act, subject...more

4/25/2024 / Competition , Employer Liability Issues , Employment Contract , Employment Policies , Federal Trade Commission (FTC) , FTC Act , Labor Reform , Non-Compete Agreements , Notice Requirements , Proposed Rules , Regulatory Agenda , Restrictive Covenants , Unfair Competition

FTC Expected To Issue Final Rule Banning Many Noncompetes on April 23

On April 16, 2024, Federal Trade Commission (FTC) Chair Lina M. Khan announced that a special open commission meeting will be held virtually on Tuesday, April 23, 2024, at 2:00 p.m. Eastern Daylight Time, where the FTC is...more

4/22/2024 / Employees , Employer Liability Issues , Employment Contract , Federal Trade Commission (FTC) , Final Rules , Non-Compete Agreements , Notice of Proposed Rulemaking (NOPR) , Proposed Rules , State Labor Laws

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Ruling: Forfeiture-for-Competition Provisions in Delaware Partnership Agreements Are Not Subject to a Reasonableness Review

On January 29, 2024, in Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court reversed a decision of the Delaware Court of Chancery holding that a forfeiture-for-competition provision in a partnership agreement was a...more

2/2/2024 / Competition , Delaware , Non-Compete Agreements , Partnership Agreements , State Courts

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

11/16/2023 / Americans with Disabilities Act (ADA) , Anti-Discrimination Policies , Artificial Intelligence , Automated Decision Systems (ADS) , Bias , Biden Administration , Breach of Contract , CA Supreme Court , City of New York , Collective Bargaining , Diversity , Earned Sick and Safe Time Act , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Equal Pay , Executive Orders , Final Rules , French Language Requirements , Governor Newsom , Joint Employers , New Guidance , NLRA , NLRB , Non-Compete Agreements , Notice Requirements , Paid Sick Leave , Penalties , Pregnant Workers Fairness Act , Private Attorneys General Act (PAGA) , Proposed Regulation , Reasonable Accommodation , Reporting Requirements , Restructuring , Retaliation , SCOTUS , Surveillance , Venture Capital

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Employment Flash: Special Edition

The new year has brought a slew of changes in state laws, including those governing employee leave, privacy, as well as workplace discrimination and harassment. The federal Pregnant Workers Fairness Act and PUMP Act added...more

1/13/2023 / Employees , Employer Liability Issues , Federal Trade Commission (FTC) , New Legislation , New Regulations , New Rules , NLRB , Non-Compete Agreements , Pregnancy , Proposed Rules , Reasonable Accommodation , Unfair Labor Practices

FTC Proposes Broad Ban on Worker Noncompete Clauses

On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more

1/10/2023 / Biden Administration , Employer Liability Issues , Employment Contract , Executive Orders , Federal Trade Commission (FTC) , Labor Reform , Non-Compete Agreements , Notice Requirements , Proposed Rules , Regulatory Agenda , Rescission , Restrictive Covenants , Unfair Competition

Employment Flash - August 2021

This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more

9/2/2021 / COBRA , Criminal Background Checks , Department of Labor (DOL) , Employee Benefits , Employer Liability Issues , Form I-9 , Gig Economy , Hiring & Firing , International Labor Laws , Labor Regulations , Non-Compete Agreements , Over-Time , State Labor Laws , Wage and Hour

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

10/16/2020 / Administrative Procedure Act , Amended Rules , Arbitrary and Capricious , Bias , California , California Family Rights Act (CFRA) , Collective Redundancies Directive , Coronavirus/COVID-19 , Delivery Drivers , Department of Labor (DOL) , Earned Sick and Safe Time Act , Economic Realities Test , Electronic Protected Health Information (ePHI) , Employee Benefits , Employee Privacy Rights , Employee Training , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Fair Labor Standards Act (FLSA) , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Federal Bans , Federal Contractors , Federal Labor Laws , Federal Trade Commission (FTC) , France , Germany , Governor Newsom , Independent Contractors , International Labor Laws , Joint Employers , Local Ordinance , LPTA , Mayor de Blasio , Mileage Reimbursement , New Rules , New York , NLRB , Non-Compete Agreements , Occupational Exposure , OFCCP , Paid Sick Leave , Pay Data , Proposed Rules , Reasonable Accommodation , Reduction in Hours , Remote Working , Ridesharing , Safe Time , Sick Leave , State Labor Laws , Trump Administration , UK , Virus Testing , Workplace Safety

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

12/13/2019 / Appeals , Arbitration , Arbitrators , Ballot Measures , Bipartisan Agreement , Burden of Proof , Dynamex , EEO-1 , Employee Monitoring , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Equal Pay , EU , Exemptions , Fair Labor Standards Act (FLSA) , Federal Contractors , Governor Vetoes , H-1B , Independent Contractors , Joint and Several Liability , Judicial Review , Minimum Salary , Multiemployer Plan , NLRB , Non-Compete Agreements , NYHRL , OFCCP , Offer of Judgment , Pay Data , Private Equity Funds , Repeal , Rescission , Retaliation , Retroactive Application , Right to Picket , Sexual Harassment , State Labor Laws , Strict Liability , Sun Capital Partners , Title VII , Trump Administration , Union Organizers , Whistleblower Protection Policies , White-Collar Exemptions

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

9/26/2019 / Anti-Discrimination Policies , Bonuses , CA Supreme Court , Choice-of-Law , Class Action , Competition , Contract Modification , Data Collection , Deadlines , Department of Justice (DOJ) , Department of Labor (DOL) , Domestic Violence , Dynamex , EEO-1 , Employee Training , Employer Liability Issues , Employment Contract , Equal Employment Opportunity Commission (EEOC) , Exempt-Employees , Fair Labor Standards Act (FLSA) , Fair Workweek , Family and Medical Leave Act (FMLA) , Federal Contractors , Federal Labor Laws , Highly Compensated Employees , Independent Contractors , Local Ordinance , Mandatory Arbitration Clauses , Minimum Salary , Misclassification , NLRA , NLRB , Non-Compete Agreements , Non-Exempt Employees , Non-Union , NYCHRL , Opinion Letter , Over-Time , Private Attorneys General Act (PAGA) , Public Schools , Reporting Requirements , Sexual Abuse , Sexual Harassment , Social Media Policy , State Labor Laws , Unilateral Modification , Union Membership , Unpaid Wages , Wage and Hour , White-Collar Exemptions , Work Schedules

David Schwartz

Skadden, Arps, Slate, Meagher & Flom LLP

Popular Topics by This Author

Latest Posts › Non-Compete Agreements