Yesterday, a Texas Federal Court permanently blocked the Federal Trade Commission's attempt to ban noncompete agreements. In doing so, the Texas Court determined that the Rule exceeded the FTC’s authority and, as such, was an...more
The hot mess known as the FTC Rule to Ban Non-Competes (“Rule”) continues to get hotter and messier as two Federal District Courts issue conflicting opinions. This conflict between the Federal Courts will not be resolved...more
8/6/2024
/ Best Practices ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Legislation ,
Popular ,
Preliminary Injunctions ,
Restrictive Covenants ,
Unfair Competition
Last Wednesday, a federal court in Texas made a preliminary ruling that partially blocks the FTC’s rule that rendered most noncompetes in this country unenforceable (the “FTC Ban”). The FTC’s Ban was set to go into effect on...more
The future of non-competition agreements remains volatile. Recent actions by the FTC and several states threaten to limit, or even outright ban, these agreements. Such an evolving regulatory landscape requires employers to...more
Q: When will we know the Court’s Ruling on the FTC Non-Compete Ban? A: July 3rd.
...more
As we reported last week, the FTC voted to enact its Rule banning non-competes and the lawsuits quickly followed. Although three lawsuits have been filed so far, the lawsuit to watch is the United States Chamber of Commerce...more
The FTC has voted to enact its Rule to ban Non-Compete Agreements/Clauses. The vote to enact the Rule comes as no surprise but there were two noticeable changes to the Rule that was originally proposed and the Rule that the...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Executives ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
As previously highlighted by Benesch, California strengthened its long-standing prohibition on non-competition agreements on January 1, 2024.
In addition, and also as previously highlighted by Benesch, one of these...more
When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure...more
In mid-November, the City of Chicago passed the broadest, most expansive leave law in the country. As previously highlighted by Benesch, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) allows...more
Illinois and Chicago employers should prepare for new leave laws going into effect imminently. As previously highlighted, Governor J.B. Pritzker signed the Paid Leave for All Workers Act back in March 2023, giving employers...more
In the coming months, employers in Illinois and Chicago will be subject to specific requirements, all of which are the results of new laws passed at either the state- or city-level....more
5/8/2023
/ Compliance ,
Deadlines ,
EEO-1 ,
Employee Training ,
Equal Pay ,
Filing Deadlines ,
Local Ordinance ,
Paid Leave ,
Sexual Harassment ,
State Labor Laws ,
Statutory Deadlines
Illinois employers should be prepared to take on several new requirements in 2023 and take steps to ensure that their policies and practices are up to date with current Illinois laws. As previously highlighted by Benesch,...more
The Illinois Constitution Amendment 1 (commonly referred to as the “Workers’ Rights Amendment”) has received enough votes to secure its passage. Citizens of Illinois voted on the Amendment on November 8, 2022, but delays in...more
Amendments to Chicago Ordinance Impose Additional Obligations Relating to the Prevention of Sexual Harassment -
As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers...more
7/7/2022
/ Amended Legislation ,
Bereavement Leave ,
Compliance ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Human Rights ,
Local Ordinance ,
Posting Requirements ,
Sexual Harassment ,
State Labor Laws ,
Training Requirements ,
Work Schedules
2021 was an active year for trade secret and restrictive covenant law. 28 states introduced a total of 68 restrictive covenant bills, the United States Senate re-examined two prior restrictive covenant bills, and President...more
12/3/2021
/ Antitrust Division ,
Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
Trade Secrets
Benesch previously informed its clients about the significant changes made to Illinois restrictive covenants law by the Illinois legislature in the waning moments of its most recent legislative session. These changes include,...more
On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more
8/10/2021
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Insurance Industry ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Technology Sector