Today, the federal district court for the Northern District of Texas, in Ryan LLC v. Federal Trade Commission [FTC] (opinion found here), “set aside” with nationwide effect, the FTC “Non-Compete Rule.” The federal district court held that the FTC exceeded its statutory authority in promulgating the Non-Compete Rule, concluding “the text and the structure of the FTC Act reveal the FTC lacks substantive rulemaking authority with respect to unfair methods of compensation….”Continue Reading Federal Court Blocks FTC Non-Compete Rule Nationwide
Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?
As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all non-competes arising out of employment relationships – with the exception of existing agreements with “senior executives,” as defined by the Rule. Although many legal experts have hypothesized that the federal courts would enjoin the Rule, the future of the FTC Rule remains uncertain. Accordingly, employers must remain informed on the most recent court rulings involving the FTC Rule and prepare as though it will take effect on September 4.Continue Reading Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?
Federal Court Enjoins FTC From Implementing Non-Compete Ban
A federal judge in the Northern District of Texas has enjoined the Federal Trade Commission from implementing its Rule banning non-compete agreements and stayed the effective date of the Rule while the underlying lawsuit against the Rule proceeds, but only with respect to the parties to the lawsuit. Continue Reading Federal Court Enjoins FTC From Implementing Non-Compete Ban
Scope and Impact of the FTC’s Non-Compete Rule for Employers
On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for Employers
FTC’s New Ban on Non-Compete Agreements and Potential Impact on Nonprofit Healthcare Companies
For healthcare provider companies, a critical question about the FTC’s decision is whether it applies to nonprofit entities. I recently analyzed the impact on the healthcare industry of the vote by the Federal Trade Commission (FTC) to move forward with a final rule banning non-compete agreements for an article in Modern Healthcare.Continue Reading FTC’s New Ban on Non-Compete Agreements and Potential Impact on Nonprofit Healthcare Companies
Register Now | Key Considerations for General Counsel Webinar
Join us on May 14 for a deep dive into top legal trends that general counsel should prioritize as they continue to navigate 2024’s evolving regulatory landscape related to labor and employment issues and developments. Our presenters will discuss various topics, including challenges related to DEI initiatives and disclosures and the SEC’s focus on separation and severance agreements. They will also revisit the FTC’s non-compete ban and provide relevant updates.Continue Reading Register Now | Key Considerations for General Counsel Webinar
Register Now | The FTC’s Non-Compete Ban: What Employers Need to Know Webinar
The Federal Trade Commission (FTC) has announced that on April 23 it will vote on publishing and then adopting a finalized new rule that will prohibit employers from enforcing non-competes against workers. Under the originally proposed rule, non-compete agreements that bar any worker from accepting competing employment or starting a competing business would be prohibited with some exceptions for a limited category of transactions.Continue Reading Register Now | The FTC’s Non-Compete Ban: What Employers Need to Know Webinar
Top Five 2024 Employee Policies and Issues Check Up
As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:Continue Reading Top Five 2024 Employee Policies and Issues Check Up
Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
On January 5, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing non-competes on workers, and, if finalized, will have far reaching implications for many businesses operating in the United States. The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers, continue to maintain such agreements if they already exist, or represent that a worker is subject to a non-compete. It would further require companies with active non-competes to inform workers that they are void. Under the proposed rule, non-competes that bar workers from accepting competing employment or starting a competing business would be prohibited.
Join us for a webinar in which Bass, Berry & Sims labor & employment and antitrust attorneys will address topics and concerns pertaining to the proposed ban, including:Continue Reading Webinar: The FTC’s Proposed Ban on Non-Competes and What It Could Mean for You
FTC Proposes Banning Non-Compete Provisions for Workers
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 non-competes on “workers.” The proposed ban would make it illegal for employers to enter into or attempt to enter into non-compete agreements with workers