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FTC’s Rule Banning Non-Competes Set Aside: How Did We Get Here and What’s Next?

On August 20, 2024, U.S. District Judge Ada Brown of the Northern District of Texas issued her much-anticipated final decision in Ryan LLC and Chamber of Commerce et al v. Federal Trade Commission, ‎and set aside the FTC’s...more

FTC’s Final Rule Banning Non-Competes: What Is It and How “Final” Is It?

On April 23, 2024, the Federal Trade Commission issued its long-awaited Final Non-Compete Clause Rule, which operates to ban most post-employment non-compete agreements between employers and their workers. However, the Final...more

The Federal Trade Commission Issues ‎Non-Compete Ban, but Legal Challenges Await‎

As we previously covered, on January 5, 2023 the Federal Trade Commission issued a proposed rule regarding the enforceability of non-compete agreements. The proposed rule followed President Biden’s July 9, 2021, Executive...more

How Inflation in 2022 Could Affect Non-Compete Agreements in 2023

Employers do not need to be reminded that inflation reared its ugly head in 2022. Whether it was ‎the price of gas at the pump, food, vehicles, or computers, the cost of ‎doing business certainly went up last year. But...more

FTC Proposes Broad Non-Compete Ban: ‎What Employers Can Expect Next

On July 9, 2021, President Biden signed an Executive Order aimed at “Promoting Competition in the American Economy.” Among the dozens of initiatives proposed within the order was a directive to the Chair of the Federal Trade...more

The Federal Trade Commission Targets M&A Non-Competes

As we discussed last year, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” in which he encouraged the Federal Trade Commission (“FTC”) to “curtail the unfair use...more

2022 Sees Increases to Minimum Wage Rates and Exempt Salary Thresholds Under State (and Local) Law

With the calendar turning to 2022, workers in over two dozen states and localities could see a pay increase as a result of legislation raising applicable minimum wage or exempt salary thresholds. Here are the highlights and...more

‎“Know What’s Below, Call Before You Dig”: New State-Law Non-Compete Traps May Lie ‎Beneath the Surface

Just as homeowners are encouraged to reach out before digging in their yard to make sure there are no buried dangers, employers are also encouraged to do their due diligence before burrowing into the ground searching for a...more

Biden Administration Executive Order Seeks to “Curtail the Unfair Use of Non-Compete ‎Clauses”‎

As we previously alerted you, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy.” Among other things, the Executive Order addressed the President’s desire for the...more

A Day Rate and a Dollar Short: The Fifth Circuit Continues to Make Key Wage and Hour Rulings

Lawsuits alleging Fair Labor Standards Act (“FLSA”) violations continue to be among the more “popular” filings in federal district courts, with over 6,500 such cases filed between December 2019 and December 2020. Perhaps the...more

Enforcing Non-Compete Agreements in a Pandemic

Since the federal government declared a state of emergency in response to the COVID-19 pandemic, the U.S. Department of Labor has reported over 40 million new claims for unemployment benefits. With some estimates indicating...more

Non-Compete Agreements: One Size May Not Fit All

In December 2019, the Economic Policy Institute (EPI) released a report that revealed a continued increase in the use of non-competition agreements in the workplace. According to the EPI study, between 36 and 60 million...more

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