News & Analysis as of

Rulemaking Process Restrictive Covenants

ArentFox Schiff

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

ArentFox Schiff on

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Polsinelli

Vote Scheduled for FTC Final Rule Banning Non-Competes – What You Need to Know

Polsinelli on

FTC Final Rules Banning Non-Competes Vote Next Tuesday - As you know, last year, the FTC issued a proposed rule banning virtually all non-compete agreements (which does not include non-solicitation agreements,...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

Littler on

For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Womble Bond Dickinson

FTC Non-Compete Ban: Don’t Panic! (But Be Prudent and Prepare)

Womble Bond Dickinson on

On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in...more

Proskauer - Law and the Workplace

Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

Saiber LLC

President Biden’s Recent Executive Order and Pending New Jersey Bill Highlight a Growing National Trend to Curtail the Use of...

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On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other directives, encourages the Federal Trade Commission (FTC) to exercise its statutory rulemaking...more

Jaburg Wilk

The Feds Are Going After Non-Compete Covenants

Jaburg Wilk on

On July 7, 2021, President Biden announced that he intends to sign an executive order targeting employer-employee non-compete covenants (agreements) nationwide through the Federal Trade Commission (FTC). The FTC investigates...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

Proskauer - Law and the Workplace

FTC Considers Regulating Non-Competes At Workshop

Although non-competes are generally viewed as matters governed by state law, the issue is increasingly under the scrutiny of federal lawmakers and regulators. The FTC has been studying non-compete clauses and their impact on...more

McDermott Will & Emery

FTC Considers Taking on Non-Competes in the Workplace Through Rulemaking

McDermott Will & Emery on

The Federal Trade Commission (FTC) is considering a rulemaking to address the use of non-compete provisions in employment contracts. On January 9, 2020, the FTC held a day-long workshop to start a public conversation on...more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Seyfarth Shaw LLP

A Solution in Search of a Problem? FTC Hosts Workshop to Consider Authority to Abolish Non-Competes

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Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

Hogan Lovells on

On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Seyfarth Shaw LLP

Another Year, Another Attempt in the U.S. Senate to Ban Non-Competes Nationwide

Seyfarth Shaw LLP on

Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) have introduced legislation entitled the Workforce Mobility Act (“WMA”). The WMA, like its prior incarnation from last year, seeks to ban non-compete agreements outside...more

Seyfarth Shaw LLP

D.C. Poised to Ban Non-Competes Below Income Threshold

Seyfarth Shaw LLP on

The Council of the District of Columbia is considering a new bill that would ban the use of non-compete restrictions for workers below certain income thresholds—and impose stiff penalties upon employers who include such...more

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