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Labor Reform › Competition › Unfair Competition

Hogan Lovells

FTC Chair announces Joint Labor Task Force, commits to facilitating President Trump’s war on DEI

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The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more

Seyfarth Shaw LLP

FTC Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’...

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As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in...more

Vedder Price

Pair of FTC Actions Underscore Continued Focus on Labor Issues

Vedder Price on

The FTC took two actions on February 26, 2025 to emphasize its continued focus on labor markets and to rededicate its efforts to a policy priority in common with those of the previous Administration. First, the FTC approved...more

Morrison & Foerster LLP

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

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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

Cadwalader, Wickersham & Taft LLP

FTC & DOJ Substantially Revise Guidance on Application of Antitrust Laws to Activities Affecting Workers: Trump Administration...

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Two working days before the inauguration of President Trump, the federal antitrust agencies have withdrawn the Antitrust Guidance for Human Resource Professionals (2016) (“Guidance Document”), and issued Antitrust Guidelines...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC’s Final Rule Banning Worker Noncompete Clauses: What It Means for Employers

Skadden, Arps, Slate, Meagher & Flom LLP on

On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, issued a final rule that bans noncompete clauses between workers and employers as “unfair method[s] of competition” under Section 5 of the FTC Act, subject...more

Conn Kavanaugh

How Will Proposed FTC Rule on Non-Compete Agreements Affect Your Business?

Conn Kavanaugh on

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

Groom Law Group, Chartered

With Proposed Non-Compete Ban, the FTC Joins the Executive Compensation Regulatory Landscape

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Employers are accustomed to following rules related to executive compensation from the DOL, IRS, and SEC.  It may be time to add a new acronym to the list – the Federal Trade Commission (“FTC”)....more

Shook, Hardy & Bacon L.L.P.

The Federal Trade Commission Publishes Proposed Non-Compete Rule

Shook, Hardy & Bacon L.L.P. on

On January 5, 2023, the Federal Trade Commission (FTC) published a new proposed rule that would ban employers’ use of covenants not to compete. The rule comes in the wake of an Executive Order issued by the Biden...more

Conn Kavanaugh

How Will Proposed FTC Rule on Non-Compete Agreements Affect Your Business?

Conn Kavanaugh on

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

Polsinelli

FTC Proposed Noncompete Ban Reinforces Need to Protect Competitive Information Now

Polsinelli on

As we recently reported, on January 5, 2023, the Federal Trade Commission proposed a rule banning the use of non-compete covenants in nearly all circumstances. The FTC is seeking comments on the proposed rule until March 20,...more

Akerman LLP - HR Defense

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Akerman LLP - HR Defense on

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end...more

Akin Gump Strauss Hauer & Feld LLP

Proposed Rule Attempts to Ban Non-Compete Clauses as Method of ‘Unfair Competition’ Under Section 5 of FTC Act

Akin Gump Strauss Hauer & Feld LLP on

Key Points - In an unprecedented step, the Federal Trade Commission has proposed a categorical, nationwide ban on non-compete clauses between employers and employees (or independent contractors). According to the FTC’s...more

Lowndes

FTC Seeks Ban on Non-Competes

Lowndes on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that is essentially a blanket ban on non-competes per Section 5 of the FTC Act which prohibits unfair competition. If implemented, the new rule would not...more

Nelson Mullins Riley & Scarborough LLP

Is this the Final Nail in the Coffin of Employee Non-Compete Provisions?

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Non-compete provisions are facing a targeted attack from the Federal Trade Commission (“FTC”) in its latest proposed rule issued on January 5, 2023.  The sweeping attack purports to supersede less-restrictive State laws and...more

Quarles & Brady LLP

FTC Issues Proposed Rule Banning All Non-Compete Agreements

Quarles & Brady LLP on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban the use of non-compete agreements between employers and their workers and require businesses to rescind existing non-compete contracts....more

Polsinelli

The Time Is Now: Comment Period Open For The Federal Trade Commission’s New Proposed Rule Banning Employer Non-Compete Clauses

Polsinelli on

Fresh off the significant buzz from the Federal Trade Commission’s (“FTC”) January 5, 2023 announcement of its Notice of Proposed Rule Making (“NPRM”) setting forth a ban on all non-compete clauses between employers and...more

Robinson+Cole Manufacturing Law Blog

Covenants not to Compete: The End of an Era

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On January 5, 2023, Federal Trade Commission (FTC) Chair Lina Khan announced a proposed federal regulation that, if enacted, would invalidate non-competes and similar restrictive covenants that are routinely used by companies...more

Stinson LLP

Employer Non-Compete Agreements Face Possible Ban by FTC

Stinson LLP on

The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under...more

Robinson & Cole LLP

FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements

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On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing post-employment noncompete restrictions on their workers. The proposed rule, if adopted as drafted, would...more

Burr & Forman

Is It the End of Non-Compete Clauses? The Federal Trade Commission Proposes a Prohibition and Rescission of Non-Compete Clauses

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On January 5, 2023, the Federal Trade Commission announced a Notice of Proposed Rulemaking that would prohibit and rescind non-compete provisions in employment contracts. The public has 60 days to offer comment on the...more

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