News & Analysis as of

Human Resources Professionals Hiring & Firing Restrictive Covenants

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Stoel Rives LLP

Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know

Stoel Rives LLP on

The recent federal court ruling striking down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has left many employers breathing a sigh of relief. However, this does not mean that non-compete...more

Sands Anderson PC

The FTC Rule Banning Noncompetes is (Probably) Dead: 7 Questions Employers are Asking

Sands Anderson PC on

Many employers breathed a sigh of relief last week after a federal judge in Texas struck down the Federal Trade Commission’s ban on noncompete agreements....more

Winthrop & Weinstine, P.A.

FTC Non-Compete Ban Blocked; Will Not Take Effect on September 4, 2024

Employers concerned about the enforceability of restrictive covenants can breathe a little easier for now. A Texas federal court has blocked the Federal Trade Commission’s (“FTC’s”) final rule banning non-compete agreements...more

Brownstein Hyatt Farber Schreck

FTC Noncompete Rule Set Aside by Federal Texas District Court, Will Not Become Effective

A U.S. District Court judge in Texas has set aside the Federal Trade Commission’s (FTC) controversial noncompete rule, ruling that it will not become effective on Sept. 4 as previously scheduled and cannot be enforced by the...more

Stoel Rives - World of Employment

Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4

On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the...more

Wilson Sonsini Goodrich & Rosati

FTC Non-Compete Ban Blocked Nationwide

On August 20, 2024, a federal district court in Texas blocked the final rule issued by the Federal Trade Commission (FTC) that would have prohibited all for-profit employers nationwide from using non-compete agreements with...more

Cranfill Sumner LLP

FTC’s Noncompete Ban Hangs in the Balance as Conflicting Court Decision Further Muddies the Water

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On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,...more

Winthrop & Weinstine, P.A.

Update on FTC Non-Compete Ban Litigation

As discussed in our prior alert concerning the FTC final rule banning non-competes, litigation has threatened the final rule’s enforcement and implementation....more

Brownstein Hyatt Farber Schreck

The FTC Non-Compete Rule: Current Status and Practical Advice for Employers

As most employers know, the Federal Trade Commission (FTC) adopted a controversial rule earlier this year that will prohibit virtually all noncompete restrictions (the “Non-Compete Rule”) as of its effective date, Sept. 4,...more

Miller & Martin PLLC

Update – Federal District Court Issues Preliminary Injunction Against the FTC’s Ban on Non-Competes

Miller & Martin PLLC on

On July 3, 2024, U.S. District Judge Ada Brown of the Northern District of Texas issued a preliminary injunction against the implementation of the Federal Trade Commission’s (FTC’s) rule adopting a ban on non-competition...more

Sands Anderson PC

Five Things You Should Know About the FTC’s Ban on Noncompetes

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The Federal Trade Commission (FTC) rattled the business world last month when it issued a rule that would nullify most noncompete agreements. Within 24 hours, the FTC was sued by two different parties that argued the agency...more

Cranfill Sumner LLP

The New FTC Rule Banning Non-Competes:  FAQs

Cranfill Sumner LLP on

Earlier this week, the Federal Trade Commission issued a Final Rule banning noncompete agreements nationwide.  Until this point, the law on noncompetes varied from state to state.  Some states’ laws were quite favorable to...more

Katten Muchin Rosenman LLP

Q&A – FTC Rule Banning Non-Competes With Workers

On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change...more

Sands Anderson PC

FTC Bans Most Noncompete Agreements

Sands Anderson PC on

On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a Final Rule that would prohibit most employee noncompete agreements...more

PilieroMazza PLLC

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban

PilieroMazza PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”).  As suspected, business...more

Miller & Martin PLLC

How Should Employers Respond to the Federal Trade Commission’s Ban on Non-Competition Agreements?

Miller & Martin PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more

Wilson Sonsini Goodrich & Rosati

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

Brownstein Hyatt Farber Schreck

FTC Set To Vote on Final Noncompete Rule

The Federal Trade Commission (FTC) announced this week that it will finally hold its much-anticipated vote to finalize its controversial noncompete rule on Tuesday, April 23, 2024, at 2 p.m. The final regulation, which was...more

Conn Maciel Carey LLP

[Webinar] What Employers Should Know about the Changing Legal Landscape of Non-Compete Laws - May 15th, 1:00 pm EST

Conn Maciel Carey LLP on

There is a nationwide trend to restrict the use of employee non-compete agreements, and employers should remain informed of the changes because the stakes are high. The consequences of noncompliance can include civil as well...more

Allen Matkins

This Year Some Employees Will Be Receiving More Than A Valentine's Day Card

Allen Matkins on

Last year, the California legislature enacted AB 1075 (Bauer-Kahan) which declares it to be unlawful "to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that...more

PilieroMazza PLLC

February 14 Deadline: Employers Must Inform Current and Former Employees of Void California Non-Competes or Face Unfair...

PilieroMazza PLLC on

Companies with California employees who are subject to non-competes have a fast-approaching deadline of February 14, 2024, to notify those individuals that these agreements are void or risk legal liability under a new...more

Goodwin

Employment Terms - A View From Both Sides of the Pond

Goodwin on

As businesses look to expand their operations globally, we are increasingly seeing HR leaders taking a strategic view on how they want to engage their workforce across different jurisdictions. There is a greater push from...more

Burns & Levinson LLP

Employers Must Give Notice to Current and Certain Former California Employees of Void Noncompete by February 14, 2024, or Risk...

Burns & Levinson LLP on

Many companies have ceased using noncompete clauses for employees working in California. At best the clauses have become unenforceable, at worst, a liability for the company....more

Brownstein Hyatt Farber Schreck

New Year, New Life for New York Noncompete Negotiations

On Dec. 22, 2023, Gov. Kathy Hochul (D-NY) vetoed a bill to outlaw all noncompete clauses in the state of New York. The law also would have vacated all current agreements that prevent workers from leaving their employers for...more

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