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Following the Federal Trade Commission’s largely unsuccessful attempt to implement a nationwide ban on most post-employment noncompete agreements last year, states have stepped in to fill the legislative gap. The result has...more
Last week, Senators Chris Murphy (D-CT) and Todd Young (R-IN) reintroduced the Workforce Mobility Act, which was previously considered by Congress in 2023. The reintroduction of the bi-partisan bill comes against the backdrop...more
Last year in April, the Federal Trade Commission (FTC) published a rule to ban most non-compete agreements nationwide. Within hours the rule was challenged in courts across the country, and after months of federal litigation...more
The FTC’s noncompete rule, which proposed to ban nearly all noncompetes, was enjoined by a Texas District Court in August 2024. While the FTC has launched a Joint Labor Task Force focused on “rooting out and prosecuting...more
After the nationwide injunction barring the Federal Trade Commission (FTC) Noncompete ban, we reported our anticipation that state legislatures would likely introduce legislation restricting the use of noncompetes....more
After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
FTC final rule banning noncompetes grandfathers existing agreements for senior execs - The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would...more
A Quiet Healthcare Week on Capitol Hill. Congress was largely in recess this week, although the Senate returned briefly to complete consideration of a long-awaited foreign aid bill. Both chambers will return to session the...more
Members of the New York City Council are looking to accomplish what the New York State Legislature could not – proposing various bans on the use of non-competes in New York City. On February 28, 2024, members of the New York...more
During a recent webinar, Denny Major discussed the latest updates employers need to know about non-compete agreements and overtime requirements. In this blog post, Denny will highlight key takeaways and considerations for...more
Welcome to our 2023 Trade Secret and Restrictive Covenant Year in Review. 2023 was a busy year in this space, but not as busy as many expected. Although multiple states introduced restrictive covenant legislation, the most...more
As businesses awaited word near the end of the year, New York Governor Kathy Hochul vetoed a bill on December 22, 2023, that would have categorically banned employee non-compete agreements in New York. Ban on Non-Compete...more
A common example of a non-compete restriction is a new CPA who signs such an agreement as part of his or her onboarding paperwork. Years later, the CPA considers moving to another firm, or opening their own firm, but that...more
As momentum for regulation of non-competes grows at the federal level, states continue to pass restrictive non-compete legislation on their own. As previously reported, on January 5, 2023 the Federal Trade Commission...more
On June 20, 2023, the New York State Assembly approved legislation banning non-competes for employees and independent contracts, regardless of wage or salary. The New York Senate had approved the bill on June 7, 2023, and it...more
In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
The House and Senate were both in session this week, with significant healthcare activity at the committee level. The House Ways & Means Committee met to discuss healthcare price transparency, and the Ways & Means Health...more
Senate Committee Vets Biden’s Labor Pick. - On April 20, 2023, the U.S. Senate Committee on Health, Education, Labor and Pensions held a confirmation hearing on Acting Secretary of Labor Julie Su’s nomination to be...more
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
On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more
The Pandemic Is Dead! Long Live the Pandemic! This week, the U.S. House of Representatives passed a resolution to immediately end the COVID-19 national emergency, as well as a bill to end the COVID-19 public health emergency....more
Only three months after the introduction of a bill to the House of Representatives that, if passed, will ban non-compete agreements nationwide for non-exempt employees, on January 5, 2023, the Federal Trade Commission (“FTC”)...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