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Restrictive Covenants Proposed Rules Biden Administration

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

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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

Benesch

FTC’s Unprecedented Move Against Non-Competition Agreements Remains Center Stage (and a Mess) As More People, Organizations and...

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As previously highlighted by Benesch, the Federal Trade Commission (“FTC”) kicked off 2023 by proposing an unprecedented, sweeping “crack-down” on non-competition agreements. The FTC's proposed rule (“Rule”) would ban...more

BakerHostetler

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

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We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more

PilieroMazza PLLC

Proposed Ban on Non-Compete Agreements May Affect Government Contractors’ Ability to Win Recompetes

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In January 2023, the Federal Trade Commission (FTC) issued a proposed rule to ban the use of non-compete clauses in employment agreements. The rule follows President Biden’s July 9, 2021, executive order encouraging the FTC...more

Epstein Becker & Green

#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

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Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Williams Mullen

Navigating the FTC’s Proposed Rule Banning Non-Competes

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Williams Mullen attorneys Jim Burns (Antitrust & Trade Regulation) and Laura Windsor (Labor, Employment & Immigration) discuss the recent seismic movements at the FTC regarding a proposed rule banning non-competes in...more

Mintz

Future of Non-Competes Up in the Air

Mintz on

Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more

Morrison & Foerster LLP

FTC Takes Unprecedented Enforcement Actions Against Non-Compete Restrictions

On January 4, 2023, the Federal Trade Commission (“FTC”) announced settlements with three companies for their use of employee non-compete restrictions in alleged violation of Section 5 of the FTC Act. Specifically, the FTC...more

Smith Gambrell Russell

FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements

Smith Gambrell Russell on

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more

Miles & Stockbridge P.C.

FTC’s New Proposed Rule Could Ban Non-Compete Agreements

The Federal Trade Commission (FTC) proposed a rule last week that would ban employers from requiring workers to sign non-compete provisions in employment contracts. The rule also would prevent employers from entering into new...more

Bass, Berry & Sims PLC

FTC Proposes Banning Non-Compete Provisions for Workers

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On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Perkins Coie

FTC Announces Proposed Ban on Noncompete Agreements

Perkins Coie on

The Federal Trade Commission (FTC) announced its proposal of a new rule on January 5, 2023, that would ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Proposes Broad Ban on Worker Noncompete Clauses

On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more

Brownstein Hyatt Farber Schreck

The Federal Trade Commission Proposes Ban on Employer-Worker Non-Compete Agreements

On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (Proposed Rule) seeking to categorically ban nearly all employer non-competition agreements nationwide. If passed in its draft form,...more

Holland & Hart - Employers' Lawyers

FTC Proposes A New Regulation That Kicks Non-Competes to the Curb

On January 5, 2023, the FTC issued a Notice of Proposed Rulemaking (“proposed Rule”) that would ban most non-competition agreements in the United States and put to the wastebin the 50-state patchwork of laws that currently...more

ArentFox Schiff

FTC Contemplates Banning Non-Compete Covenants in Franchise Agreements

ArentFox Schiff on

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, with limited exceptions, would both ban post-termination non-compete covenants in employment agreements and require rescission of existing...more

Foley & Lardner LLP

FTC Proposes Sweeping Federal Ban on Employee Noncompetes

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On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee...more

Snell & Wilmer

FTC Proposes Ground-Breaking Rule Banning Non-Compete Clauses in Employment Contracts Nationwide

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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses...more

Adams and Reese LLP

Employers Beware: FTC Proposes Rule Prohibiting Employee Noncompete Agreements

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In response to a 2021 Executive Order from President Biden, on January 5, 2023, the Federal Trade Commission (FTC) issued notice of a proposed rule that will prohibit most forms of noncompete agreements between employers and...more

Sheppard Mullin Richter & Hampton LLP

FTC Seeks to Ban Noncompete Agreements in Employment Contracts

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a broad proposed rule that would ban employers from imposing noncompete clauses on their workers. The FTC press release announcing the proposed rule states...more

Jenner & Block

Client Alert: The FTC Proposes Ban on Non-Competes

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The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more

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

FTC Issues Proposed Rule to Ban Non-Competes: Is This the End for Such Agreements?

On January 5, 2023, nearly eighteen months after President Biden signed an executive order directing the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s...more

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