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Biden Administration Non-Compete Agreements Employment Contract

Cranfill Sumner LLP

Fifth and Eleventh Circuits Grant FTC’s Motion to Stay Appeals Challenging Non-Compete Ban

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On March 15, 2025, the Fifth Circuit granted the FTC’s motion for a 120-day stay of the agency’s appeal of the district court decision to block its proposed ban on non-competes. The Eleventh Circuit followed suit on March 20,...more

Fisher Phillips

Snapshot on the Manufacturing Industry: New Administration Rolls Back Biden-Era Labor Law Policy

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Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Poyner Spruill LLP

Acting General Counsel for NLRB Signals Change in Employment Policies Under Trump Administration

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On February 14, 2025, William B. Cowen, who is the Acting General Counsel for the National Labor Relations Board (“NLRB” or “Board”) released a memo, which rescinded prior memos issued by Jennifer Abruzzo, who served in the...more

Frantz Ward LLP

Acting NLRB General Counsel Rescinds Biden Board General Counsel Memoranda

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Although he was appointed Acting General Counsel (AGC) of the National Labor Relations Board (NLRB) less than two weeks ago, William B. Cowen has wasted no time in advancing the Trump administration’s pro-employer and...more

Amundsen Davis LLC

NLRB’s Acting General Counsel Rescinds Biden-Era Guidance Memorandums

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On February 14, 2025, William Cowen, the acting general counsel (“GC”) for the National Labor Relations Board (“Board”) rescinded several Guidance Memorandums that were previously issued by the Board’s former GC, Jennifer...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Mogin Law LLP

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

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In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

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Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

Epstein Becker & Green

The Future of Federal Non-Compete Bans in a Trump Administration

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Highlights - The fate of FTC and NLRB efforts to ban non-compete agreements hinges on President-elect Trump’s still unannounced picks to lead those agencies....more

Benesch

Preliminary Injunction Partially Blocks FTC Noncompete Ban

Benesch on

Last Wednesday, a federal court in Texas made a preliminary ruling that partially blocks the FTC’s rule that rendered most noncompetes in this country unenforceable (the “FTC Ban”). The FTC’s Ban was set to go into effect on...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Venable LLP

FTC Strikes Down Noncompete Agreements

Venable LLP on

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule...more

BakerHostetler

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

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On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more

Holland & Knight LLP

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

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The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is...more

Lathrop GPM

FTC Approves Final Rule, Would Ban Most Employment Non-compete Agreements

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The Federal Trade Commission (“FTC”) voted and approved the issuance of a final rule, the Non-Compete Clause Rule, that, if it goes into effect, will make future employment non-compete agreements unenforceable and will...more

Tucker Arensberg, P.C.

FTC Votes to Ban Non-Compete Agreements

Tucker Arensberg, P.C. on

In a Special Open Commission Meeting, the Federal Trade Commission voted to approve the final rule to ban non-compete agreements for for-profit businesses, the effective date of such ban being in 120-days....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC Adopts Final Rule Banning Employers From Entering Non-Competes

On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses....more

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

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April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

Eversheds Sutherland (US) LLP

FTC approves final rule banning noncompetition agreements

Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more

Spilman Thomas & Battle, PLLC

NLRB General Counsel Versus Covenants Not to Compete: What This Latest Fight Means for Your Business

In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more

Epstein Becker & Green

Final FTC Rule on Non-Competes Not Expected Before April 2024

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According to Bloomberg, The Federal Trade Commission (“FTC”) is not expected to vote on the final version of a new rule that would ban noncompete clauses in employment contracts until April 2024. The rule defines a...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Benesch

FTC’s Unprecedented Move Against Non-Competition Agreements Remains Center Stage (and a Mess) As More People, Organizations and...

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As previously highlighted by Benesch, the Federal Trade Commission (“FTC”) kicked off 2023 by proposing an unprecedented, sweeping “crack-down” on non-competition agreements. The FTC's proposed rule (“Rule”) would ban...more

BakerHostetler

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

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We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more

PilieroMazza PLLC

Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes

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In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC...more

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