News & Analysis as of

Wage and Hour Competition Non-Compete Agreements

Seyfarth Shaw LLP

Washington Supreme Court Rejects Noncompete Provision Barring Employees Competitors

Seyfarth Shaw LLP on

A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of...more

Wilson Sonsini Goodrich & Rosati

FTC on the Job: Chairman Ferguson Announces Labor Task Force

Since at least the October 2016 publication of the Federal Trade Commission’s (FTC) and U.S. Department of Justice’s (DOJ) joint Antitrust Guidance for Human Resource Professionals, federal antitrust enforcers have...more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ–FTC Antitrust Guidelines for Business Activities Affecting Workers: Key Changes and Practical Takeaways

While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more

McCarter & English, LLP

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

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

Troutman Pepper Locke

FTC and DOJ Issue Antitrust Guidelines for Business Activities Affecting Workers

Troutman Pepper Locke on

On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and...more

Morrison & Foerster LLP

Washington Supreme Court Indicates Agreements Prohibiting Employees from Working for Competitors During Employment May Violate...

On January 23, 2025, the Washington Supreme Court held that two Washington workers can argue that their former employer imposed unreasonable restrictions in violation of a state statute regulating non-compete agreements that...more

Skadden, Arps, Slate, Meagher & Flom LLP

The DOJ and FTC Release New Guidance for Business Activities Affecting Workers

On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more

Epstein Becker & Green

Agencies Issue Antitrust Guidelines for Business Practices Impacting Workers

Epstein Becker & Green on

On January 16, 2025, the U.S. Department of Justice and the Federal Trade Commission (together, “the agencies”) jointly issued Antitrust Guidelines for Business Activities Affecting Workers. The newly issued guidelines...more

McGuireWoods LLP

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

McGuireWoods LLP on

On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more

Jaburg Wilk

The First Circuit Limits California’s Noncompete Ban

Jaburg Wilk on

On September 26, 2024, the First Circuit Court of Appeals ruled against extending California’s strict noncompete ban to agreements executed outside of California and governed by another state’s law. This decision highlights...more

Holland & Knight LLP

The U.S. Chamber of Commerce Sues the FTC Over Power Grab

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta discusses the U.S. Chamber of Commerce's decision to sue the Federal Trade Commission (FTC) over its rule banning...more

Groom Law Group, Chartered

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

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

Husch Blackwell LLP

FAQs: Colorado Further Limits Restrictive Covenants

Husch Blackwell LLP on

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

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Jackson Lewis P.C.

Protecting Manufacturers’ Investment In Training Skilled Employees

Jackson Lewis P.C. on

Manufacturers often require highly skilled, experienced employees and may train employees to develop the necessary skills. Training can include apprenticeship programs or in-house training, both of which can cost employers...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

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