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#WorkforceWednesday: FTC Nixes Non-Competes Nationwide—Now What? - Employment Law This Week® - Spilling Secrets Podcast
The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning nearly all non-compete agreements effective 120 days from the rule’s formal publication. The move, or something like it, has been...more
In the wake of the Federal Trade Commission’s (FTC) proposed rule that would effectively ban non-compete agreements nationwide, on February 1, 2023, a bipartisan group of U.S. Senators have renewed their efforts to ban the...more
The Federal Trade Commission (FTC) has proposed a paradigm-breaking rule that would ban essentially all non-compete agreements. If enacted, this rule would purport to override tens of millions of contracts in every sector of...more
One of the earliest reported cases challenging a non-compete clause was Mitchell v. Reynolds, 1 P. Wms. 181, 24 Eng. Rep. 347 (Q.B. 1711). The clause survived the challenge, and a vigorous jurisprudence delineating the...more
What You Need to Know- •The FTC has proposed a new rule which, if adopted in its current form, would prohibit nearly all private employers from entering into or enforcing non-compete agreements with their employees. •The...more
UPDATE: The public comment period on the FTC’s notice of proposed rulemaking regarding the Non-Compete Clause Rule closed on April 19, 2023. The FTC has made no recent announcement about the status of the proposed rule. ...more
The FTC recently concluded that many noncompete agreements between employers and employees violate federal antitrust law. These actions represent a rejection of the centuries-old principle that noncompete provisions are...more
On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed regulation that would ban non-compete agreements between workers and employers, with some limited exceptions (the “Proposed Rule”). The Proposed...more
The new year is off to a roaring start in the field of employment law, with a massive—and unexpected—possible change to the law of restrictive covenants, thanks to a newly proposed federal regulation. Today, the U.S....more
The Federal Trade Commission (FTC) has issued a Notice of Proposed Rulemaking to broadly ban the use of non-compete covenants throughout the country. The proposed rule, which would supersede all contrary state laws, is...more
Employers who use noncompete or nonsolicitation provisions should expect to see an increase in antitrust regulation and possibly civil litigation in light of President Biden’s recent Executive Order on Promoting Competition...more
President Biden issued a new lengthy executive order (EO) on July 9, 2021, aimed at promoting competition in the United States. While that sounds great, everyone needs to keep in mind that this new EO also is aimed at...more
There have been whispers of federal regulation of non-compete agreements for years. Multiple bipartisan bills aiming to ban non-competes have fallen to the wayside without traction. The Federal Trade Commission hosted a...more