News & Analysis as of

Highly Compensated Employees Employment Contract Non-Compete Agreements

Lathrop GPM

Federal Trade Commission Non-Compete Clause Rule May Exempt Certain Nonprofit and Other Types of Employers

Lathrop GPM on

As covered in an earlier client alert by our firm, The Federal Trade Commission (FTC)’s final Non-Complete Clause Rule—if it survives legal challenges and becomes effective—would ban most post-employment non-compete...more

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

Beltway Buzz - April 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. FTC Prohibits Non-Competes. On April...more

Bodman

New DOL and FTC Rules (Maybe) Mandate Employment Changes

Bodman on

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt...more

WilmerHale

FTC Bans Non-Competes: What’s at Stake and What Happens Next

WilmerHale on

On April 23, 2024, the Federal Trade Commission (FTC), in a highly anticipated vote, passed the Non-Compete Clause Rule, 16 CFR § 910 (the Rule), which purports to bar all non-competes in the United States, subject to limited...more

BakerHostetler

FTC Issues Final Rule Banning Non-Competes

BakerHostetler on

The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first...more

Obermayer Rebmann Maxwell & Hippel LLP

Double Trouble: The FTC and DOL Team up Ban Non-Competes and Crackdown on Overtime Nationwide

While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more

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

FTC Adopts Final Rule Banning Employers From Entering Non-Competes

On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses....more

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

DarrowEverett LLP on

April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

Lowenstein Sandler LLP

BREAKING: Federal Trade Commission Imposes Broad Non-Compete Ban and U.S. Department of Labor Increases Overtime Salary Threshold

Lowenstein Sandler LLP on

April 23, 2024, has been a very busy day on the employment front, with significant, far-reaching moves at the federal level. Non-Compete Ban- First, in a watershed vote during an open commission meeting today, the...more

Foster Garvey PC

Important Changes to Washington’s Noncompete Law

Foster Garvey PC on

A bill amending Washington’s noncompete law (RCW 49.62) goes into effect on June 6, 2024. One of the changes will require prompt review and likely revisions of existing non-solicitation agreements....more

Stevens & Lee

New York Non-Compete Ban Vetoed but Proposal Lives On

Stevens & Lee on

New York Governor Cathy Hochul recently vetoed a bill that would have enacted a sweeping ban on non-competition covenants amidst increasing opposition from business groups cautioning that the legislation would accelerate the...more

Foley & Lardner LLP

Taxes Are Not the Only Thing to Worry About in Washington — Employers Face Stiff Fines for Violating Washington, D.C.’s Ban on...

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Share on Twitter Print Share Back to top While many state legislatures have jumped on the Federal Trade Commission’s (FTC) bandwagon by enacting prohibitions on restrictive covenants (which includes both non-competition and...more

Locke Lord LLP

How Inflation in 2022 Could Affect Non-Compete Agreements in 2023

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Employers do not need to be reminded that inflation reared its ugly head in 2022. Whether it was ‎the price of gas at the pump, food, vehicles, or computers, the cost of ‎doing business certainly went up last year. But...more

Lowenstein Sandler LLP

FTC Proposes to Ban Employee Noncompete Agreements – January 31, 2023 Update

Lowenstein Sandler LLP on

Updated as of January 31, 2023- The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more

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

New Year, New State Minimum Compensation Thresholds for Restrictive Covenants

For many employers, a new year is a new opportunity to update policies, procedures, and agreements—including restrictive covenants. In addition to ensuring compliance with applicable state requirements as to timing,...more

Miles & Stockbridge P.C.

ICYMI: Employee Non-Compete Agreements No Longer Allowed in D.C.

Miles & Stockbridge P.C. on

The Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), one of the strictest bans on employee non-compete agreements in the country, approximately two years ago....more

Perkins Coie

The District of Columbia Implements a Modified Ban on Non-Compete Provisions

Perkins Coie on

After more than a year of delays and revisions, the long-awaited Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) took effect beginning October 1, 2022, following the passage of the Non-Compete Clarification...more

Lowenstein Sandler LLP

Significant Limitations on Noncompetes in District of Columbia as of October 1, 2022

Lowenstein Sandler LLP on

Companies with employees in the District of Columbia (“DC”) should familiarize themselves with the Non-Compete Clarification Amendment Act of 2022 (the “Act”) which becomes effective October 1, 2022....more

Venable LLP

A Welcome Reprieve: Ensuring Compliance with DC's Amended Non-Compete Law

Venable LLP on

​​​​​​​In July 2022, the DC Council approved modifications to its previously enacted Ban on Non-Compete Agreements Amendment Act (the "Act"), previously discussed here. The Act, which had yet to take effect, contained some of...more

Faegre Drinker Biddle & Reath LLP

DC Finally Prunes its Ban on Non-Competes

When initially enacted in January 2021, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act was one of the broadest non-compete prohibitions in the country.  Its effective date, however, was delayed on...more

Paul Hastings LLP

D.C. Reverses Course: Final Amendment Allows Non-Compete Agreements for Highly Compensated Employees

Paul Hastings LLP on

On July 27, 2022, the D.C. Council enacted the long-awaited Non-Compete Clarification Amendment Act of 2022 (“the Amendment”), which amends the previously passed Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”)...more

Davis Wright Tremaine LLP

District of Columbia Limits Ban on Non-Competes to Employees Making Less Than $150,000 Annually

District of Columbia Mayor Muriel Bowser signed new legislation amending a broad non-compete ban passed in 2021 that had not yet taken effect. While the prior law banned almost all non-competes, the amended law narrows the...more

Hogan Lovells

D.C.'s new non-compete restrictions take effect October 1, 2022

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In welcome news for employers, the District of Columbia recently adopted the Non-Compete Clarification Amendment Act of 2022 (the Amended Act), which substantially revises the near-total ban on employee non-compete provisions...more

Proskauer - Law and the Workplace

D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification Amendment Act of 2022 (“the Amendment”). As...more

Epstein Becker & Green

Washington, D.C. Scales Back Ban on Non-Competes

Epstein Becker & Green on

Washington, D.C. employers will not need to scrap all their non-compete agreements after all. On July 12, 2022, the D.C. Council (the “Council”) passed the Non-Compete Clarification Amendment Act of 2022 (B24-0256) (the...more

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