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Exceptions Non-Compete Agreements

Fisher Phillips

Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete...

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Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more

McDermott Will & Emery

Washington State Further Restricts Noncompetition Agreements

Effective June 6, 2024, the state of Washington will further restrict the use of noncompetition agreements. This article provides background on the current law governing noncompetition agreements in Washington and walks...more

Verrill

Section 457(f) Plans and Noncompete Clauses: What the IRS Gave, the FTC May Take Away

Verrill on

When the IRS published proposed regulations harmonizing key provisions of Code Sections 409A and 457(f) in 2016, executive compensation lawyers and consultants rejoiced. It was not just that a long wait was over (roughly nine...more

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Steptoe & Johnson PLLC

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

Steptoe & Johnson PLLC on

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

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

BakerHostetler

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

BakerHostetler on

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

Perkins Coie

Washington State Tightens Noncompete Restrictions

Perkins Coie on

Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Fenwick & West LLP

FTC Bans Employment Noncompetes

Fenwick & West LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more

Royer Cooper Cohen Braunfeld LLC

The FTC Has Announced a Ban on Most Non-compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (the “Rule”) banning most non-competes for workers. The Rule becomes effective 120 days after publication in the Federal Register. Business groups...more

Nutter McClennen & Fish LLP

FTC Announces Nationwide Non-Compete Ban

The Federal Trade Commission (“FTC”) issued its final rule Tuesday banning almost all non-compete agreements between businesses and workers nationwide. The FTC reasons that banning non-compete agreements will promote job...more

Venable LLP

New York's Non-Competition Agreement Ban Is (Almost) Here: Key Questions Employers Should Consider Now Before the Ban Takes Effect

Venable LLP on

Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign...more

BCLP

New York Poised to Ban All Non-Competes

BCLP on

A bill headed to Governor Kathy Hochul for signature or veto would ban all non-competition covenants (“non-competes”) in the State of New York.  Bill No. S3100A (the “Bill”) passed the State Senate on June 7, 2023, and the...more

McDermott Will & Emery

Minnesota Bans Noncompete Agreements with Limited Exceptions

McDermott Will & Emery on

Effective July 1, 2023, Minnesota will no longer allow covenants not to compete, with limited exceptions for the sale or dissolution of a business. The law is not retroactive, nor does it apply to nondisclosure agreements or...more

MoFo Employment Law Commentary (ELC)

Recent Non-Compete Trends: Courts Continue To Enforce Non-Competes While Politicians Seek To Narrow Them

The FTC’s Notice of Proposed Rulemaking of its Non-Compete Clause Rule, which would ban non-competes altogether if promulgated, opened 2023 with a bang. Whether it goes into effect, in what form, and whether the Rule will...more

Steptoe & Johnson PLLC

Don’t Forget Taxes When Negotiating Non-Competes

Steptoe & Johnson PLLC on

Exception to FTC Proposal Although the Federal Trade Commission (FTC) has proposed a ban on non-compete agreements, the proposal contains an exception in certain business acquisitions where the seller enters into a...more

Paul Hastings LLP

FTC Proposed Ban on Non-Competes Includes M&A Exception Comparable to California Law

Paul Hastings LLP on

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed regulation (the “Proposed Rule”) that would ban non-compete agreements imposed against workers by employers. The Proposed Rule includes a narrow...more

King & Spalding

D.C. Developments: Expanded Paid Leave for Private Sector Employees and Revised Non-Compete Law

King & Spalding on

Effective October 1, 2022, employers with employees who provide a significant portion of their services in the District of Columbia (“D.C.”) are impacted by two important changes: (i) the expansion of mandatory paid leave...more

Constangy, Brooks, Smith & Prophete, LLP

Missouri Appellate Court Strikes Down Another Arbitration Agreement

The Missouri Court of Appeals has struck down an arbitration agreement because it included a common clause requiring the employee to arbitrate all of her claims but did not require the company to arbitrate all of its claims....more

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