In a somewhat surprising development, the Federal Trade Commission just announced that it intends to continue scrutinizing noncompete agreements and other arrangements the FTC feels are unfair to workers. Last week, Federal...more
Now that the federal non-compete ban has been shelved, we expect lawmakers in blue states to ramp up their efforts in this area. In particular, New York State lawmakers will likely introduce legislation that addresses some of...more
As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more
12/12/2024
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A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more
8/21/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Employers likely have lots of questions as you try to understand the FTC’s new non-compete ban. After all, non-competes have become a tool for businesses of all types and sizes, and if the rule survives legal challenges, it...more
After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed...more
New York lawmakers just passed legislation that would ban employee non-compete agreements, heading to Governor Hochul for consideration. If signed into effect by the governor, the law will be a sea change for New York...more
Minnesota is poised to become the fourth state – together with California, North Dakota, and Oklahoma – to enact a near-total ban on the use of non-compete restrictive covenants. The Minnesota legislature passed an omnibus...more
When the federal government proposed a rule that would ban most non-competition agreements, many employers lined up with questions and concerns about the scope of the proposal and what it might mean for their day-to-day...more
After passing some of the nation’s strictest regulations on employer use of non-compete agreements, the D.C. Council has backtracked on some of the law’s most controversial provisions. Employers who rely on non-competes may...more
The Washington, D.C. Council just passed an emergency resolution that would postpone the applicability date of Washington, D.C.’s Ban on Non-Compete Agreements Amendment Act of 2020 – one of the nation’s most restrictive...more
Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more
1/13/2021
/ Anti-Retaliation Provisions ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Mayor Bowser ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Offer Letters ,
Recordkeeping Requirements ,
Restrictive Covenants