News & Analysis as of

Notice Requirements Restrictive Covenants

Burr & Forman

FTC Non-Compete Ban: Implications for the Health Care Industry

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Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Minnesota Law Voids Restrictive Employment Covenants in Service Contracts, Except for Computer Professionals

Minnesota’s legislature rushed through several bills this year affecting recruiting and staffing associations and other service providers such as property management companies. One such law may, as one member of the Minnesota...more

Wyrick Robbins Yates & Ponton LLP

The FTC Rule on Employee Non-Competes Goes into Effect September 4: What Employers Need to Do Now

You may have heard or seen in the news that on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a Final Rule making most covenants not to compete between employers and their workers illegal and void (the...more

Fenwick & West LLP

Preparing for Compliance Crunch as FTC's Noncompete Ban Nears

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As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more

Fox Rothschild LLP

Pennsylvania Limits Noncompetes for Certain Health Care Workers

Fox Rothschild LLP on

Pennsylvania is joining the legislative bandwagon to limit noncompetition agreements for certain health care workers. In a purported effort to retain health care practitioners for the commonwealth and promote continuity of...more

Manatt, Phelps & Phillips, LLP

Who Qualifies As a ‘Senior Executive’ Under the FTC Noncompete Rule?

With the demise of the doctrine of Chevron deference at the U.S. Supreme Court in the Loper Bright Enterprises case, the future of the Federal Trade Commission’s broad rule banning noncompete agreements nationwide is...more

Oliva Gibbs LLP

FTC’s Ban on Non-Compete Agreements and Strategic Responses for Energy Companies

Oliva Gibbs LLP on

Over the past year, you may have heard rumblings about a proposed ban on non-compete clauses in employment agreements.  The day has come: on April 23, 2024, the Federal Trade Commission (FTC) finalized its rule banning new...more

Venable LLP

Think You Aren't a Colorado Employer? Colorado Thinks Otherwise

Venable LLP on

Employers with employees, including remote workers, who live or work in more than one state have likely already faced the challenge of determining what employment laws apply, the work they apply to, and when....more

CDF Labor Law LLP

[Webinar] The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States - June 26th,...

CDF Labor Law LLP on

Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more

Littler

More Changes to Minnesota’s Employment Laws are Imminent

Littler on

In recent years, Minnesota has enacted sweeping legislation impacting Minnesota employers at a break-neck pace.  As the most recent legislative session came to a close, another set of new and supplemental laws was passed and...more

Patterson Belknap Webb & Tyler LLP

FTC Approves Final Rule Banning Non-Compete Clauses

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers...more

Otten Johnson Robinson Neff + Ragonetti PC

The FTC Bans Non-Compete Agreements – What You Need to Know

In a vote held at a special open commission meeting on April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of issuing the final Non-Complete Clause Rule (the Final Rule) banning post-employment non-compete...more

Fisher Phillips

Minnesota Staffing Agencies Can No Longer Block Workers From Being Hired at Client Companies: 5 Things You Should Know

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Minnesota businesses, including staffing agencies, will no longer be able to enter into contracts that restrict their customers from hiring workers placed at their jobsites thanks to a new law taking effect on July 1. But the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

Smith Gambrell Russell

FTC Rule Banning Most Non-Competes Would Outlaw Forfeiture Provisions

Smith Gambrell Russell on

The Federal Trade Commission (“FTC”) recently issued a Final Rule (the “FTC Rule”) that, unless invalidated by the courts, will soon prohibit most non-compete provisions. In its current form, the FTC Rule will cover not...more

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Steptoe & Johnson PLLC

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

Steptoe & Johnson PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more

Dickinson Wright

FTCはほとんどの競業避止義務から従業員を解放したが、禁止はどこまで続くのでしょうか?

Dickinson Wright on

連邦取引委員会(以下「FTC」)は、2024年4月23日に開催された公開委員会において、競業避止義務に関する規則(以下「最終規則」)を3対2の賛成多数で可決しました。 この最終規則の発効日は、連邦官報に掲載されてから120日後(「発効日」)であります。 FTCは、競業避止義務は不公正な競争方法であり、連邦取引委員会法第5条に違反すると判断しました。 以下は、最終規則のハイライトであります。 During an Open Commission...more

Carr Maloney P.C.

FTC Issues Final Rule Banning Most Non-Compete Agreements

Carr Maloney P.C. on

By Thomas McCally and Janette M. Blee On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements.  The final rule is scheduled to go...more

Partridge Snow & Hahn LLP

FTC Issues Clumsy, Overbroad Noncompete Rule. Luckily, It Probably Will Fail.

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the “Rule”) which bans businesses from using most noncompete agreements against workers....more

Dickinson Wright

美国联邦贸易委员会宣布员工将不受大部分竞业条款的限制 – 禁令的范围是什么?禁令会持续多久?

Dickinson Wright on

FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last? During an Open Commission Meeting on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 in favor of issuing the...more

Fenwick & West LLP

FTC Bans Employment Noncompetes

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On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a final rule broadly banning post-employment noncompete agreements. This federal ban prohibits for-profit employers from entering into noncompete...more

Cadwalader, Wickersham & Taft LLP

FTC Adopts Broad Ban on the Use of Non-Compete Clauses in Employment Agreements

The Federal Trade Commission has adopted a final rule (“Rule”) declaring it to be an unfair method of competition: With respect to a worker other than a senior executive: To enter into or attempt to enter into a...more

Burr & Forman

FTC Votes To Ban Most Noncompete Provisions

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In a monumental move, the Federal Trade Commission approved a final rule on April 23, 2024, that effectively invalidates most noncompete agreements. This rule will take effect 120 days after it is published in the Federal...more

Franczek P.C.

Important Takeaways from the Final Rule Banning Non-Competes

Franczek P.C. on

In an anticipated yet groundbreaking turn of events, on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Non-Compete Clause Rule (the “Final Rule”) which bans U.S. employers from using...more

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