On August 20, 2024, the federal U.S. District Court for the Northern District of Texas set aside the FTC’s rule (Rule) banning non-competes. The Rule was set to take effect on September 4, 2024....more
As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more
8/5/2024
/ Compliance ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Notice Requirements ,
Pending Litigation ,
Popular ,
Preliminary Injunctions ,
Restrictive Covenants ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more
4/29/2024
/ Chamber of Commerce ,
Corporate Executives ,
Employer Liability Issues ,
Employment Contract ,
Exceptions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Former Employee ,
Model Forms ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
On December 22, 2023, Governor Kathy Hochul vetoed legislation passed by New York lawmakers this past summer, which sought to ban nearly all non-competition agreements state-wide (as previously reported here). In a memo...more
1/10/2024
/ Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
State and Local Government ,
State Bans ,
State Labor Laws ,
State Legislatures ,
Wage and Hour
Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more
The New York State Senate and New York State Assembly recently passed legislation (Bill S3100A and Bill A1278A) that would prohibit the use of non-competition agreements entirely. If the legislation is signed into law by...more
On January 5, 2023, the Federal Trade Commission (FTC) announced its long-anticipated proposed rule, which if adopted, would essentially ban all noncompete agreements between employers and their workers that restrict such...more