Quick update: 18 states have 42 new noncompete bills, and Congress has 3. The ramp-up to legislatively limit noncompetes continues.
Episode 21 of Fairly Competing is out! Join us in a discussion with Professor Evan Start about the research behind the FTC’s proposed noncompete ban.
The deadline to comment on FTC’s proposed rule to ban noncompetes may be extended to May 19. Make sure your voice is heard, whether joining us in our letter or separately.
The FTC’s proposed rule to ban noncompetes will publish in the federal register tomorrow. If you care, you have until March 20 (assuming no extensions) to make sure your voice is heard. You are welcome to join us in our letter.
Quick update: 13 states have 25 new noncompete bills. Two states propose total bans and four propose low-wage thresholds.
Our updated graph of noncompete, trade secret, and DTSA decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.
Forty-seven state legislatures as well as Washington, D.C. – with the approval of Congress – have spent years honing their noncompete laws to fit their local communities and industries. In one fell swoop, three Commissioners at the FTC are proposing to undo all of it. With it, they will also eliminate the use of a broad swath of nondisclosure, nonsolicitation, no-service, no-recruit, and no-hire agreements. Companies have six things they need to do now.
US Rep Spartz sent a brief letter to the FTC raising concerns about the proposed rule to ban noncompetes.
Episode 20 of Fairly Competing is out! Join us to hear about the FTC’s recent proposed noncompete ban and enforcement actions and what to do about them.
Today, the FTC took the unprecedented step of proposing a rule that would essentially ban all employee noncompetes — and other agreements if they can be interpreted as a “de facto” noncompete.
Well, we now know what the FTC will do about companies using noncompetes: They are bringing enforcement actions against them. And, this is likely just the beginning.
Our 50-state (plus DC) chart of noncompete laws has been updated and is available here.
The FTC and DOJ contend that no-poach/no-hire covenants in (old) McDonald’s franchise agreements constitute an antitrust violation.
We are pleased to announce that we were selected for inclusion in the top 10 trade secret blogs.
There is a fifth decision involving a noncompete under the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L - and it provides some helpful guidance.
Keeping track of the flood of noncompete and trade secret law changes across the country is no easy task. Here are some resources to make it easier.
Eleven states plus Washington, D.C. have wage thresholds or other criteria that must be satisfied before a noncompete can be used. They are changing again. Will your noncompetes be compliant?
Eleven states plus Washington, D.C. now have wage thresholds or other criteria that must be satisfied before a noncompete can be used. Are your noncompetes compliant?
Washington, D.C.’s new noncompete law will take effect on October 1, 2022. See what you need to know.
A new federal bill to amend the Fair Labor Standards Act to ban noncompetes — both retroactively and prospectively — for nonexempt workers.
Given that good CLE programs can be hard to identify, I put together a list of a few upcoming, content-rich programs that I and leading practitioners, in-house counsel, experts, and others from around the country are participating in.
Our 50-state (plus DC) chart of noncompete laws has been updated and is available here.
D.C.’s upcoming noncompete law says that it will apply as of October 1, 2022. But it is not scheduled to become “effective” until November 10, 2022. Where does that leave us?
Although five noncompete bills were pending before the Massachusetts legislature this year, none has passed.