News & Analysis as of

Restrictive Covenants Notice of Proposed Rulemaking (NOPR)

Rumberger | Kirk

FTC Issues Final Rule Banning Non-Compete Agreements

Rumberger | Kirk on

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being...more

Seward & Kissel LLP

FTC Finalizes Non-Compete Rule

Seward & Kissel LLP on

On April 24, 2024, the Federal Trade Commission ( “FTC”) published a sweeping ban on non-competes (“Rule”).  The Rule passed by a 3-2 vote, with the FTC’s Democratic commissioners voting in favor, and Republican commissioners...more

ArentFox Schiff

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

ArentFox Schiff on

As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Payne & Fears

FTC Rule Bans New Non-Compete Agreements Nationwide

Payne & Fears on

Today, the FTC approved and issued its Final Rule that, in effect, bans all post-employment non-competes nationwide. The rule applies not only to new non-competes, but to most agreements already in force as well.  Like the...more

Neal, Gerber & Eisenberg LLP

FTC Issues Final Rule Banning Most Non-Compete Agreements: Takeaways and Next Steps for Employers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to promulgate a Final Rule that prohibits the use of almost all non-compete clauses in employment contracts. Absent an effective legal challenge delaying or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

FTC Issues Final Rule Banning Noncompete Agreements

On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in...more

Mintz - Antitrust Viewpoints

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge...

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more

Pillsbury Winthrop Shaw Pittman LLP

Employers Beware: FTC Announces Final Rule Banning Worker Non-Competes

The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions. The FTC Final Rule imposes a...more

Jackson Walker

Federal Trade Commission Issues Rule Banning Non-Competes in the Workplace

Jackson Walker on

On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. What the Final Rule Prohibits - Scheduled to take effect 120 days...more

McNees Wallace & Nurick LLC

FTC Bans Noncompete Agreements: What employers need to know about the FTC’s Noncompete Rule

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule (the “Rule”) prohibiting the use of non-compete restrictive covenants (with a limited exception) throughout the United States as an unfair method of...more

McAfee & Taft

FTC announces nationwide ban on noncompetes in the workplace

McAfee & Taft on

More than a year after the Federal Trade Commission proposed a game-changing nationwide ban on noncompete agreements, the agency yesterday issued its final rule for implementing the ban. The prohibition, which is slated to go...more

Ward and Smith, P.A.

FTC Charges Forward with Sweeping Non-Compete Ban

Ward and Smith, P.A. on

On April 23, 2024, the Federal Trade Commission ("FTC") narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide.  The rule is set to take effect 120 days after it is published in the...more

Holland & Hart - Employers' Lawyers

FTC Bans Noncompetes

The Federal Trade Commission (FTC) has issued a new rule broadly banning noncompete agreements, marking a sea change in their regulation, which previously has been primarily governed by state law. Once effective, existing...more

King & Spalding

FTC Issues Near-Total Ban on Non-Competes in Final Rule, with a Narrow Exception for Existing Agreements with “Senior Executives”

King & Spalding on

On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements. The final rule bans all non-competes nationwide, including de facto non-competes,...more

Flaster Greenberg PC

BREAKING NEWS: The FTC’s New Rule Invalidates Most Non-competition Clauses

Flaster Greenberg PC on

On April 23, 2024, the Federal Trade Commission (“FTC”), in a 3-2 vote, approved a final rule that renders existing non-competition agreements for employees working in for-profit businesses unenforceable, with the exception...more

White and Williams LLP

Federal Trade Commission Prohibits Nearly All Non-Compete Agreements

White and Williams LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve the Final Rule that (1) prohibits employers from entering into non-compete agreements with workers and (2) requires employers to rescind nearly all...more

Dechert LLP

Federal Trade Commission Adopts Final Rule Imposing Near-Total Ban on Employee Non-Compete Agreements

Dechert LLP on

After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete...more

Akin Gump Strauss Hauer & Feld LLP

FTC Approves Final Rule to Void and Ban Most Employee Non-Compete Agreements, Faces Immediate Legal Challenges

On April 23, 2024, the Federal Trade Commission (FTC) approved, by a 3-2 vote, a final rule that would void and ban nearly all employee non-compete agreements in the United States. The rule will take effect 120 days after it...more

Proskauer - Law and the Workplace

Federal Trade Commission Approves Final Rule Banning Most Noncompetes

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States. Despite...more

Foley & Lardner LLP

FTC Finalizes Rule Against Employee Noncompetes

Foley & Lardner LLP on

On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more

Smith Gambrell Russell

The FTC’s New Rule Bans Majority of Non-Compete Agreements

Smith Gambrell Russell on

Introduction On April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements. The FTC has determined that “non-competes are an unfair method of competition” and that...more

Shipkevich PLLC

FTC Bans For-Profit Non-Competes: Surprisingly Bold Move in an Election Year

Shipkevich PLLC on

The recent Federal Trade Commission (FTC) vote to ban most non-competes has unveiled a surprisingly bold agenda less than six months out from a U.S. presential election. The FTC’s 3-2 vote was down party lines, with Democrats...more

Ruder Ware

Breaking News: FTC Finalizes Nationwide Noncompete Ban

Ruder Ware on

Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include...more

McDonnell Boehnen Hulbert & Berghoff LLP

FTC Bans Non-Compete Agreements

The Federal Trade Commission, voting 3-2 along party lines, adopted a Final Rule banning non-compete agreements.  The Final Rule allows some narrow exceptions (based both on time and circumstances) but prospectively prohibits...more

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