With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025....more
5/7/2025
/ Amended Regulation ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Independent Contractors ,
NLRB ,
Non-Compete Agreements ,
Physicians ,
Restrictive Covenants ,
State Labor Laws
On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among...more
2/27/2025
/ Deregulation ,
Employees ,
Employment Litigation ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Labor Reform ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Regulatory Agenda ,
Restrictive Covenants ,
Trump Administration ,
Unions
On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No....more
Wednesday, a third court weighed in on the FTC’s proposed ban on non-competes, set to go into effect on September 4, 2024. Judge Corrigan of the United States District Court for the Middle District of Florida granted the...more
Yesterday, the Court in the ATS Trees v. FTC case denied Plaintiff ATS Trees’ Motion for Stay and Enjoin the FTC recent Ban on Non-Compete agreements (“Final Rule”), because, the Court held, ATS Trees failed to establish...more
7/24/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Labor Regulations ,
Non-Compete Agreements ,
Regulatory Requirements ,
State Labor Laws
The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more
6/21/2024
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Good Faith ,
Non-Compete Agreements ,
Restrictive Covenants ,
Safe Harbors ,
Unfair Competition
The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more
5/20/2024
/ Cause of Action Accrual ,
Constitutional Challenges ,
Due Process ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Final Rules ,
Hiring & Firing ,
Non-Compete Agreements ,
Proposed Rules
We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more