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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more
Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning...more
Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more
As the Federal Trade Commission (FTC) implements “the final rule” banning non-competes, businesses with sensitive intellectual property (IP) must look to alternative measures to safeguard it. Despite apprehension about the...more
On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more
The Federal Trade Commission’s final rule banning non-competes was published in the Federal Register Tuesday, potentially becoming effective on September 4, 2024. The new rule would prohibit employers from imposing...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (the “Rule”) that would ban almost all non-competition agreements in the United States. The Rule comes a little over a year since the FTC proposed...more
On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more
Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more
Employers take note: a series of recent developments could impact employment agreements across the country. SB 699: A New Addition to California Non-Compete Law- Under California Business and Professions Code Section...more
As the most substantive worker rights bill from this year’s legislative session, Colorado’s newly enacted Protecting Opportunities and Workers’ Rights (POWR) Act radically changes state employment laws. Imposing a new...more
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rule, that if enacted, would categorically ban nearly all non-compete agreements, with a very limited exception for non-compete agreements in...more
On June 20, 2023, the New York State Assembly passed A1278B, which amends the state’s labor law to prohibit non-compete agreements (the “Bill”). The Assembly’s passage of the Bill, which comes on the heels of the New York...more
Many jurisdictions have recently passed legislation restricting the use of noncompetes through compensation thresholds and other procedural hurdles and limitations, but they have avoided adopting a full-throated ban on...more
A proposed law banning virtually all covenants not to compete (also known as non-compete agreements) is headed to the Minnesota State Senate and House of Representatives, where it is widely expected to pass. Once it arrives...more
By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more
2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more
Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more
Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more
On January 11, 2023, Elizabeth Wilkins, the Federal Trade Commission’s Director of the Office of Planning and lead staffer for the FTC’s newly proposed ban on non-competes, provided comments and answered questions about the...more
On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that...more
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements. The 218-page notice of proposed rulemaking details the FTC’s position on the value (or lack thereof) of...more
Non-compete agreements have had a target on their back for some time, with several state laws already on the books to prohibit or significantly limit their use. (See laws in California, Colorado, Illinois, Maine, Maryland,...more