News & Analysis as of

Competition Independent Contractors

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

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On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

Amundsen Davis LLC

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

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There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

DRI

Non-Compete Clauses and Professional Liability

DRI on

Non-compete provisions have long been viewed by employers as reasonable and appropriate velvet handcuffs on departing employees and as an unfair burden on competition by the departing employees. The purpose of non-compete...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

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The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

Benesch

The FTC Voted to Enact its Non-Compete Ban - What You Need to Know and What You Need to Do

Benesch on

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

Troutman Pepper

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

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Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Troutman Pepper

Talk About Competition! New York City Considers Three Different Noncompete Bans

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Jenner & Block

Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

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On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the...more

Holland & Hart LLP

Physicians and Other Healthcare Providers: Beware "Eat What You Kill" Compensation Models

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Physicians and other healthcare providers often structure their group compensation formulas on an “eat what you kill” basis, i.e., a provider is paid based on the services he or she performs in addition to items or services...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Foley Hoag LLP

FTC Proposes Rule Eliminating Non-Compete Agreements Nationwide

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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements. The 218-page notice of proposed rulemaking details the FTC’s position on the value (or lack thereof) of...more

Verrill

What You Need to Know About the FTC’s Proposed Non-Compete Ban

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Today, January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban companies from requiring non-compete agreements to be signed by employees and contractors (“Proposed Rule”). The FTC estimates...more

Bradley Arant Boult Cummings LLP

Noncompete Agreements Under Continued Attack

Employment attorneys and employers are well aware that noncompete and nonsolicitation agreements have been under continued scrutiny by states across the country. While the laws vary from state to state, generally, restrictive...more

McDermott Will & Emery

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

Ervin Cohen & Jessup LLP

FTC Issues Policy Statement on Gig Work

​​​​​​​On September 15, 2022, the Federal Trade Commission (“FTC”) issued a Policy Statement on Enforcement Related to Gig Work (the “Policy Statement”). The agency’s press release states: “American workers deserve fair,...more

Morgan Lewis

Federal Trade Commission Focuses on Gig Work

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The Federal Trade Commission’s September 15 policy statement is the latest in a series of actions signaling the Commission’s continued focus on competition and labor issues in the gig economy. The policy statement—and the...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2022

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Annnnd We're Back: Legislative Update. We appreciate this audience bearing with us as this newsletter has been on a short hiatus in light of some scheduling issues. During that brief respite numerous different pieces of...more

Robins Kaplan LLP

U.S. LNG Prices Plummet After Texas Fire Cuts Export Capacity

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A fire at a liquid natural gas shipping facility in Texas last week has sent U.S. natural-gas prices freefalling after operator Freeport LNG revealed the disaster “would knock out the facility until late this year, greatly...more

Husch Blackwell LLP

FAQs: Colorado Further Limits Restrictive Covenants

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Last week, Colorado’s General Assembly passed major revisions to Colorado’s statutory limitations on restrictive covenants, which include covenants limiting competition, the solicitation of customers, and the use and...more

McDermott Will & Emery

Recent Treasury Department Report Emphasizes Fostering Competition in Labor Markets

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Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more

Jackson Lewis P.C.

Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

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The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more

Mintz - Antitrust Viewpoints

DOJ and FTC Virtual Workshop: Agencies Discuss Whole-of-Government Approach and New Solutions to Address Competition Issues in...

On December 6 and 7, 2021, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) hosted a virtual workshop to discuss competition issues in labor markets and plans to execute President...more

Morrison & Foerster LLP

FTC Lays Groundwork For Rulemakings: Are New Substantive Competition Rules Coming?

The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more

Hogan Lovells

Collective bargaining for the self-employed – a tough gig?

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On 6 January 2021, the European Commission published an "Inception Impact Assessment" seeking feedback on an initiative aimed at defining EU competition law's scope of application to "self-employed" workers (in advance of an...more

Robins Kaplan LLP

Financial Daily Dose 9.23.2020 | Top Story: Fed Chair Calls for More Covid-Related Stimulus From Congress

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The latest from Fed Chair Powell and Treasury Secretary Mnuchin’s first of several days on the Hill, including their take that the economy is improving but that continued fiscal support—from the Fed and from Congress—was...more

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