Mo Gabriel’s Post

FTC Noncompete Rule BLOCKED The rule would have required employers to rescind existing noncompete agreements and actively notify workers that they are no longer in effect, except in the case of existing noncompete agreements for senior executives, and ban new noncompetes. It was scheduled to go into effect on September 4 – in just two weeks – but now has been permanently blocked. Here's a great article by Robert S. Teachout, SHRM-SCP #brightmine #noncompetes #FTC #federaltradecommission #employmentlaw #hr #noncompeteagreements

Exciting developments in the legal landscape as the Federal Trade Commission (FTC) took a bold step to protect workers' rights with a ban on non-compete agreements! Non-compete agreements have long been a source of controversy, often limiting employees' career opportunities and stifling innovation. With this ban, the FTC aims to promote competition, innovation, and economic mobility by prohibiting these restrictive contracts!

On April 23, 2024, the Federal Trade Commission voted to issue a final rule prohibiting employers from using non-compete clauses as part of any agreement subject to a few narrowly tailored exceptions. The following article by A.Y. Strauss attorneys Ross Fox and Maria A.G. Harper, Esq. guides employers and employees through considerations for proactively responding to this historic change. Read more: https://lnkd.in/g9srtAER #NonCompetes #EmploymentContracts

It's a definite maybe. The ban on noncompete agreements is back on again...sort of. A Philadelphia federal judge ruled that FTC rule would be allowed to stand. The rule issued in April would essentially ban the use of such agreements and make existing ones unenforceable. But it's not over. A separate case in Texas is awaiting a decision, leaving employers in legal limbo. And that's not necessarily the end of it. Roughly 18 percent of the U.S. workforce, or 30 million people, are covered by noncompete agreements. The use of noncompetes is widespread and spans across industries from fast food workers to physical therapists to CEOs. In many cases, they really don't make much sense. And in some states such as California where noncompetes have been non-enforceable for years, they're often still included in the pile of HR paperwork workers must complete and sign the first day of work as a condition of employment. For employers, the argument for such agreements is they protect workers from taking proprietary and confidential information to a competitor. On the flip side, tens of millions of employees have been prevented from leaving to work for a competitor or start a competing business. In the broader sense, they've been used to prevent upward mobility. It likely won't be over for a while. Regardless of the decisions by either court, the reality is this will likely face a number of appeals all the way up to the Supreme Court. Unless they're based in states with specific bans and policies around noncompetes, employers will likely be in a legal gray area for a while longer https://lnkd.in/gU_PJjFt #noncompete #workers #workforce #talent #hiring #humanresources #legal

Non-Compete Clauses - RIP The FTC announced that it has issued a final rule BANNING noncompete clauses rendering existing Non-Competes unenforceable. Great news for millions of Americans - The rule will render the vast majority of current noncompete clauses unenforceable, according to the agency... affecting up to 30-million American workers. There are some exceptions, for now - Senior Executives Senior Executives are defined as: people earning more than $151,164 a year AND who are in policy-making positions. Employers will be banned from entering into or attempting to enforce any new noncompetes and will be required to provide notice to workers other than senior executives who are bound by an existing noncompete that they will not be enforcing any noncompetes against them. #FTC #NonCompete #EmploymentLaw #LegalNews #EmploymentRights #Employment

The FTC’s proposed ban on noncompete agreements faces uncertainty following a recent court ruling. Nearly 30 million U.S. workers are affected by these agreements, which restrict them from joining competitors or starting businesses in the same industry. Noncompete agreements can hinder workers' job mobility and often lead to expensive legal disputes. Many employees are unaware of their impact, and even in states with restrictions, companies aggressively enforce them. Legal experts advise workers to carefully review such agreements, consult attorneys, and negotiate terms like duration and scope. As the court prepares for a final ruling, business groups are pushing for a nationwide halt, leaving the future of the FTC’s noncompete ban in doubt. Read the full article: https://zurl.co/E4hm #winejobs #HRNews

As many are aware, the FTC voted yesterday in favor of its rule effectively banning the use of non-compete agreements. Click the link below for a V&E breakdown of what this means for employers going forward. #Noncompetes #employmentlaw #FTC #noncompeterule #antitrust #unfaircompetition

It's Federal Trade Commission Friday!!! Wait? Is that really a thing? Well, today it is... There have rumblings amongst businesses about the FTC Noncompete Ban. How does it affect your business? Will it affect your business? Check out some of the highlights regarding the the new law being enacted, important dates, and a free download of How to Prepare Your Business for the FTC Noncompete Ban in our latest HR Bulletin. https://hubs.ly/Q02BTG7Y0 #FTC #Noncompete #NoncompeteBan #FederalTradeCommission #SmallBusiness #HR #HumanResources #Employee #EmployeeBenefits

Following a Federal Court’s decision to block the FTC’s ban on non-compete agreements, employers no longer need to revise their employment agreements to remove non-compete language. The rule was set to go into effect September 4th; however, in light of the Court’s decision, the fate of this rule hangs in the balance as it is not immediately clear whether the FTC will appeal. What does this mean for employers? For now, it means that agreements do not need to be amended and previously signed non-compete agreements can remain in effect, assuming there are no regulations banning non-competes in your state. To learn more about this decision, and how other pending regulations may impact your business, join us for our Quarterly Compliance Webinar on September 18th. https://lnkd.in/eYbxAuB8

The Federal Trade Commission (FTC) voted today to finalize its rule banning non-compete restrictions between nearly all employers and workers in the US, with a bonafide sale of business exception. This rule also renders most existing noncompetes unenforceable, with a notable exception for senior executives, and requires related notices. However, it remains to be seen how the rule will survive anticipated legal challenges, including whether the FTC has authority to enact such a rule (as raised today by the two dissenting FTC commissioners). Learn more in the legal alert I co-authored with Daniel Turinsky, Amanda Wait, Carsten Reichel, and Andrew Eklund. #employmentlaw #noncompetes #restrictivecovenants #FTC #antitrust