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Hiring & Firing › Unfair Competition

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fisher Phillips

California Lawmakers Want to Ban “Ghost” Job Postings: What Your Business Needs to Know About this Controversial Practice

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A bill introduced in the California legislature this session aims to prevent employers from posting job notices for positions that don’t actually exist – a growing trend referred to as “ghost” job postings. If you’re not...more

Fisher Phillips

FTC’s New Task Force to Target Noncompetes: 5 Top Answers for Employers

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In a somewhat surprising development, the Federal Trade Commission just announced that it intends to continue scrutinizing noncompete agreements and other arrangements the FTC feels are unfair to workers. Last week, Federal...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

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The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Fisher Phillips

Trump Announces Andrew Ferguson to Serve as New FTC Chair: FAQs for Employers

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President-elect Donald Trump just announced that he plans to appoint current Commissioner Andrew Ferguson as the new Chair of the Federal Trade Commission (FTC) and will appoint Mark Meador to fill current Chair Lina Khan’s...more

Fisher Phillips

October’s Spookiest Restrictive Covenant Developments: An Employer’s 5-Ingredient Witches’ Brew to Ward Off Harm

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“Magic words,” “TRAPs,” and the federal non-compete ban rising from the dead? October had several spooky developments in restrictive covenant law, but no need to be frightened! We’ve got you covered with updates, insights,...more

Cranfill Sumner LLP

FTC Appeals Order Striking Down Noncompete Ban

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On October 18, 2024, the Federal Trade Commission (FTC) appealed to the Fifth Circuit a Texas federal court’s decision to strike down the FTC’s nationwide noncompete ban. This comes hot on the heels of the FTC’s September 24,...more

Fisher Phillips

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

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The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on...more

Seyfarth Shaw LLP

Noncompete Agreements – Employer Options and Strategies to Reduce Risks

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Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning...more

Payne & Fears

[Webinar] Dissecting Restrictive Covenants and Non-Competes - September 12th, 12:00 pm PT

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The FTC’s national ban on non-compete agreements and related court challenges once again puts the spotlight on restrictive covenants and their continued viability in a variety of contractual scenarios. This interactive...more

Seyfarth Shaw LLP

Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes

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Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued a ruling on August 20 in the Ryan v....more

Bowditch & Dewey

Federal District Court Strikes Down FTC Non-Compete Ban

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In April of 2024, Bowditch alerted clients that the Federal Trade Commission (“FTC”) finalized “The Non-Compete Clause Rule” (the “Rule”), which would ban most employers from using post-employment non-compete agreements in...more

Fisher Phillips

Breaking News: FTC’s Non-Compete Ban Struck Down For All Employers Nationwide

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A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more

Cranfill Sumner LLP

FTC’s Noncompete Ban Hangs in the Balance as Conflicting Court Decision Further Muddies the Water

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On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,...more

Fisher Phillips

Your Non-Compete and Trade Secrets To-Do List for August 2024

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Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

Ervin Cohen & Jessup LLP

FTC Issues Nationwide Ban on Most Non-Compete Agreements

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The Federal Trade Commission recently issued a final rule largely banning the use of non-compete agreements nationwide. The stated purpose of the rule is to address the substantially increased harm non-compete agreements have...more

Balch & Bingham LLP

Federal Trade Commission Votes To Ban Non-Compete Clauses, Immediately Sued

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On April 23, the Federal Trade Commission voted 3-2 to publish its new rule, 29 C.F.R. Part 910, banning almost all non-compete clauses with workers. The rule will take effect 120 days after formal publication in the Federal...more

Miller & Martin PLLC

How Should Employers Respond to the Federal Trade Commission’s Ban on Non-Competition Agreements?

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On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more

Bowditch & Dewey

New FTC Rule Imposes Sweeping Ban on Non-Compete Agreements with Workers

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In January of 2023, Bowditch alerted clients that the Federal Trade Commission (“FTC”) was proposing a sweeping new rule that would ban the use of virtually all non-compete agreements and have a seismic effect on employment...more

Brownstein Hyatt Farber Schreck

FTC Votes to Issue Final Noncompete Rule

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The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete...more

Epstein Becker & Green

Federal Agencies Issue “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems”

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On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”)...more

Brownstein Hyatt Farber Schreck

FTC Extends Comment Deadline on Noncompete Rule

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Comments on the Federal Trade Commission’s proposed noncompete clause rulemaking will now be accepted until April 19. The FTC voted 4-0 yesterday to extend the public comment window by roughly 30 days; it was initially set to...more

Shumaker, Loop & Kendrick, LLP

Client Alert: FTC Proposes Nationwide Ban on Non-Compete Agreements

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In January 2023, the United States Federal Trade Commission (FTC), a federal agency whose stated mission includes “protecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices,”...more

Miller & Martin PLLC

FTC Proposes New Rule Prohibiting Employers from Implementing Post-Employment Non-Compete Agreements

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In January, by a 3-1 vote, the U.S. Federal Trade Commission (the “FTC”) proposed a new rule that would essentially prohibit employers nationwide from implementing post-employment non-competition agreements, on the basis that...more

Groom Law Group, Chartered

With Proposed Non-Compete Ban, the FTC Joins the Executive Compensation Regulatory Landscape

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Employers are accustomed to following rules related to executive compensation from the DOL, IRS, and SEC.  It may be time to add a new acronym to the list – the Federal Trade Commission (“FTC”)....more

Polsinelli

FTC Proposed Noncompete Ban Reinforces Need to Protect Competitive Information Now

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As we recently reported, on January 5, 2023, the Federal Trade Commission proposed a rule banning the use of non-compete covenants in nearly all circumstances. The FTC is seeking comments on the proposed rule until March 20,...more

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