On February 26, 2025, the Federal Trade Commission (“FTC”) announced the launch of a Joint Labor Task Force (“Task Force”) aimed at “rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices...more
Since being confirmed by the Senate in July 2021, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo has issued 26 memoranda. Many of the GC Memos issued during GC Abruzzo’s tenure present...more
On August 20, 2024, a federal district court in Texas ruled the U.S. Federal Trade Commission (“FTC”) cannot enforce its near-total ban on noncompete agreements that was set to go into effect in early September....more
On July 23, the federal district court for Eastern District of Pennsylvania in ATS Tree Services, LLC v. Federal Trade Commission denied the plaintiff’s motion to enjoin and stay the Federal Trade Commission’s (“FTC”) rule...more
As previously reported, the Federal Trade Commission (“FTC”) finalized a sweeping rule that, if effective, would ban nearly every post-employment non-compete provision. Lawsuits challenging the rule, which is scheduled to go...more
Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more
The Federal Trade Commission (FTC), in a tight 3–2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Non-compete agreements have never been regulated at the federal level and the FTC’s adoption...more
The Federal Trade Commission, in a tight 3-2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Noncompete agreements have never been regulated at the federal level and the FTC’s adoption of its...more
As we have reported on previously, efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year with several states, including California, Minnesota,...more
As previously reported, federal agencies, such as the Federal Trade Commission and National Labor Relations Board, and several states are limiting the use of employee non-compete agreements or banning them altogether....more
Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more
On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more
Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more
Last week President Biden issued an executive order aimed at “promoting competition in the American economy.” Prior to the issuance of the order, the White House released a Fact Sheet which listed a stated goal of the...more