Following the Federal Trade Commission’s proposed non-compete ban being overturned last year, certain state legislatures remain focused on limiting restrictions on employees. Recently, New Jersey and New York lawmakers each...more
On March 19, 2025, Wyoming enacted a new law significantly restricting the use of non-compete agreements except in limited circumstances. The new law contains several exceptions, including non-competes tied to the sale of a...more
In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)....more
8/21/2024
/ Arbitrary and Capricious ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority
With prior articles published in April and May, Nelson Mullins has been tracking the FTC Noncompete Final Rule banning non-competition provisions (the “Rule”) for months. The Rule remains on track to take effect on September...more
Please join Nelson Mullins for a virtual webinar on the FTC Rules on non-competes....more
The below summary of frequently asked questions for employers concerning the Federal Trade Commission’s new rule governing non-competes (the “Rule”) is for general information purposes only. The below is not intended to and...more
5/13/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On Sept. 1, 2023, California enacted a new law (SB 699, to be codified at Cal. Bus. & Prof. Code sec. 16600.5) reiterating its non-compete ban contained in Section 16600 that is effective Jan. 1, 2024.
New Section...more
On May 24, 2023, Minnesota enacted bill SF 3035, prohibiting noncompete agreements across the state. The law, which applies to agreements entered into by employees or independent contractors on or after July 1, 2023, defines...more
The long-awaited Washington, D.C. non-compete and anti-moonlighting law finally went into effect on Oct. 1, 2022. At the end of 2020, the Washington, D.C. Council passed the Ban on Non-Compete Agreements Amendment Act of...more
11/3/2022
/ Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Regulations ,
Local Ordinance ,
New Legislation ,
Non-Compete Agreements ,
Regulatory Requirements ,
Remote Working ,
Restrictive Covenants
Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements. Several states have recently enacted or modified legislation that may significantly restrict an...more
6/30/2022
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
On March 24, 2022, Washington Governor Jay Inslee signed into law ESHB 1795, which generally prohibits nondisclosure and nondisparagement provisions in agreements between employers and employees. The law, which applies to...more
President Biden on July 9 signed a sweeping Executive Order targeting issues of competition for American businesses by directing several federal agencies – including the Federal Trade Commission (FTC) in conjunction with the...more
When challenging a non-compete agreement in Massachusetts, practitioners should consider: (1) what, if any, effect the Massachusetts Noncompetition Agreement Act (“MNCA”) has on the agreement and (2) whether the material...more