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Texas Court Issues Nationwide Injunction Striking Down the FTC Noncompete Ban

On August 20, 2024, the US District Court for the Northern District of Texas issued a nationwide injunction barring the Federal Trade Commission’s (FTC) Final Rule that bans all noncompete agreements. The court’s findings...more

Pennsylvania Court Rejects Attempt to Block FTC Noncompete Ban

On July 23, 2024, US District Court for the Eastern District of Pennsylvania declined to stay the September 4, 2024, effective date of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete agreements...more

FTC Final Noncompete Rule: Game Plan Checklist

With the Federal Trade Commission’s Final Rule that would ban noncompetes nationwide set to go into effect on September 4, 2024, assuming pending litigation doesn’t cause any delays, employers should begin planning now to...more

Texas Court Postpones FTC Noncompete Ban

On July 3, 2024, the US District Court for the Northern District of Texas stayed the September 4, 2024, implementation date (the effective date) of the Federal Trade Commission’s (FTC) Final Rule that bans all new noncompete...more

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

Revisiting Trade Secret Strategies Following the FTC’s Ban on Noncompete Agreements

On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements...more

FTC Issues Rule Banning Worker Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule,...more

Chicago Employees to Receive 10 Days of Paid Leave

As of December 31, 2023, all employees physically working in Chicago for at least two hours in a two-week period will earn both one hour of paid leave and one hour of paid sick leave for every 35 hours worked, pursuant to an...more

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal...more

[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare...more

Illinois Mandates Pay and Benefits Information for Job Postings

Illinois recently amended its Equal Pay Act to require employers with 15 or more workers to include pay and benefits information for each covered job posting. There is, however, a delayed start date: This amendment will take...more

New York Legislature Passes Noncompete Ban and Awaits Governor’s Signature

The New York State Legislature has passed a bill that will prohibit employers from entering covenants not to compete with their employees and contractors. The bill specifically exempts nondisclosure and client nonsolicitation...more

Minnesota Bans Noncompete Agreements with Limited Exceptions

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

NLRB Targets Noncompetes at Union and Nonunion Companies

In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more

Illinois’ New Paid Leave Law: What Employers Need to Know

On March 13, 2023, Illinois Governor J.B. Pritzker signed the Paid Leave for All Workers Act (PLAWA) into law, guaranteeing all workers in the state of Illinois 40 hours of paid time off each year for any reason. The law goes...more

[Webinar] 2023 Labor & Employment Strategic Focus - February 14th, 1:00 pm - 2:15 pm EST

The new year is off to a fast start, and companies are already looking ahead in anticipation of the legal developments and updates that may impact their businesses. Join McDermott’s Labor & Employment team for a presentation...more

PPMs, Take Note: FTC Proposed Rule Banning Noncompetes May Have Significant Industry Impact

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. Noncompete agreements are prevalent...more

FTC Proposes Rule Banning Noncompete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. This proposal arises from a...more

Colorado Continues to Whittle Away at Non-Compete Agreements

Effective August 10, 2022, Colorado’s laws governing restrictive covenants shall be amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees,...more

How Does the FMLA Apply to a Remote Workforce?

The Family and Medical Leave Act (FMLA) was enacted in 1993, a year when the idea of working a corporate job from a living room was rare. When the law was passed, the FMLA didn’t contemplate a remote workforce. Now, and...more

Is There a Doctor in the House? Helping Physician Non-Competes Survive Challenges

Many non-compete agreements face challenges in both execution and enforcement. Each state has its own standards for what is permissible regarding duration and scope. And many states layer on additional restrictions and...more

New Chicago Ordinance on Sexual Harassment Takes Effect

The new Chicago Ordinance on sexual harassment, effective July 1, 2022, requires that an employer maintaining a business facility within the geographic boundaries of Chicago must have a written policy—including a...more

Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School...

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (COVID-19 Executive Order No. 87) (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are...more

Illinois Enacts New Noncompete and Nonsolicit Law

Illinois has enacted a new law governing restrictive covenants: Public Act 102-0358. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It will...more

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