[Update: On April 23, 2024, the Federal Trade Commission voted 3-2 to issue its final noncompete rule, with only a few changes from the proposed rule. Analysis of the final rule, the changes, and what may come next are discussed in this blog post.]
On April 16, 2024, the FTC announced that it will hold a special Open Commission Meeting on April 23, 2024 to vote on its proposed rule to ban the use of non-compete clauses in employment contracts, which has been pending since January 2023.
As we reported then, the proposed rule, as drafted, would prohibit employers throughout the United States ...
Last summer, the New York State legislature made waves when it passed a bill that effectively would have banned noncompete agreements. New York’s Governor vetoed that bill in late December 2023. This year, however, it is expected that the legislature will consider, and maybe pass, a less draconian bill that the Governor may be more likely sign. Instead of an outright ban, such a bill might limit the use of noncompetes by, for example, prohibiting noncompetes only for certain types of employees, such as low wage earners.
While the business and legal communities await the state ...
Blog Editors
Recent Updates
- Spilling Secrets Podcast: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers
- Spilling Secrets Podcast: Wizarding and the World of Trade Secrets
- Two Appeals To Determine Fate of FTC’s Noncompete Ban
- NLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions
- Pennsylvania Plaintiff That Failed in Effort To Block FTC Noncompete Ban Drops Lawsuit