In a complete victory for plaintiffs, a Texas court permanently enjoined the Federal Trade Commission’s (FTC) rule banning nearly all employee noncompetes. In the absence of the court’s decision, the rule had been scheduled...more
8/22/2024
/ Administrative Procedure Act ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants
On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes...more
8/7/2024
/ Employer Liability Issues ,
Employment Contract ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Non-Compete Agreements ,
Pennsylvania ,
Restrictive Covenants ,
State Labor Laws
In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more
7/26/2024
/ Chevron Deference ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Non-Compete Agreements ,
Pennsylvania ,
Preliminary Injunctions ,
Restrictive Covenants ,
Section 5
As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC)...more
The Federal Trade Commission (FTC) voted along party lines (3 to 2) to ban all worker noncompetition provisions. The final rule applies to all employees, including senior executives, and will become effective 120 days after...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan. ...more
Building on the foundation laid in the first episode, the second installment of this series delves deeper into the intricacies of noncompetes, drawing from other examples from The Office, this time specifically focusing on...more
Summary -
On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more
7/3/2023
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
The Federal Trade Commission (FTC) continues to pursue its campaign against noncompete clauses. On January 5, the FTC voted 3-1 to publish a notice of proposed rulemaking, which, if implemented, would bar employers from...more
On January 5, the Federal Trade Commission (FTC) voted 3-1 to publish its Notice of Proposed Rulemaking, proposing a new rule that, if implemented, would bar employers from entering into noncompete agreements with their...more