On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the Act) into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after the...more
On July 3, 2024, the U.S. District Court for the Northern District of Texas (the Court) issued a memorandum opinion and order that enjoined the U.S. Federal Trade Commission (FTC) from implementing or enforcing its Rule...more
On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more
4/18/2024
/ Comment Period ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Public Comment ,
Regulatory Agenda ,
Restrictive Covenants ,
Trade Secrets
It’s no secret that employee non-compete — and, to a related extent, non-solicitation — restrictions are increasing disfavored and targeted across the U.S., both on a federal and state level. We’ve recently written about the...more
As we have written about previously, an increasing number of states, and Washington, D.C., have limited the circumstances under which employers can bind their employees to non-compete and similar agreements, particularly when...more
The Washington, D.C. Ban on Non-Compete Agreements Act of 2020 (D.C. Act) is on hold once again, this time due to emergency legislation signed by Mayor Muriel Bowser earlier this week. The new legislation pushes the D.C....more
As part of “a whole-of-government effort to promote competition in the American economy,” President Biden’s July 9, 2021 Executive Order on Promoting Competition in the American Economy (E.O.) encourages the Federal Trade...more
Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more
5/11/2021
/ Department of Justice (DOJ) ,
Employee Mobility ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Objective Unreasonableness Standard ,
PA Supreme Court ,
Restraint of Trade ,
Restrictive Covenants ,
State and Local Government
On January 11, 2021, Muriel Bowser, the Washington, D.C., mayor, signed the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 (the Act). In doing so, the District follows the recent trend set by other states, including...more
A recent Delaware Chancery Court opinion has elucidated Delaware’s approach to judicially modifying, or “blue-penciling,” overly broad noncompete agreements and deferring to parties’ choice of law provisions. The case, FP UC...more
As we have previously discussed, there is an ongoing trend of states prohibiting the use of non-compete agreements in certain situations, including with lower-wage workers. Maine and New Hampshire are the most recent...more