Becker LLC 的动态

Husch Blackwell's Megann McManus and Sarah Hamill write: On October 7, 2024, the Office of the General Counsel issued a new memorandum expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay” provisions that violate the National Labor Relations Act ... This article outlines the steps employers can take to cure unlawful “stay-or-pay” provisions within the short 60-day window the GC has set to make necessary adjustments as well as the remedies the GC plans to seek in response to agreements she deems unlawful. #nlrb #nlra #noncompeteagreements #stayorpay

Non-competes are now virtually dead, per The U.S. Federal Trade Commission (FTC). BUT, that doesn't mean do whatever you want. From the linked article: "[...] the final rule does not explicitly invalidate other covenants, such as nonsolicitation, nonservicing, nonrecruitment, and nondisclosure clauses. 'Any challenge to such covenants would need to be evaluated on a case-by-case basis,' he said. 'If the final rule survives, this gray area will certainly provide fertile grounds for litigation.'" "The rule also makes all existing noncompete agreements except for those covering senior executives unenforceable[...] The FTC defines the term 'senior executive' to refer to workers earning more than $151,164 annually who are in a 'policy-making position.'" Between this and the minimum salary bar moving up in 2025, we're in for some real industry shifts over the coming year.

Editorial from the Connecticut Law Tribune: Non-compete agreements in employment contracts are under scrutiny. Critics argue they limit worker mobility and suppress wages, while supporters believe they protect business interests. With recent actions by the FTC and NLRB condemning these clauses and some states moving toward bans or restrictions, is it time for Connecticut to reconsider its stance? What are your thoughts on non-compete agreements in the workplace? #business #noncompetes #fullservicelawfirm

The FTC just gave the thumbs-down to most noncompete clauses, giving millions more freedom to explore new opportunities. It's a win for employee mobility and potentially higher wages, as these clauses currently limit job seekers with industry-specific knowledge to available jobs. Employers are rethinking their strategies to protect their turf, with SHRM suggesting finding a balance, maybe setting a minimum salary threshold or tailoring agreements by industry. As legal battles loom, it's time for employers to brush up on their contracts and consider alternatives like confidentiality clauses.

Editorial from the Connecticut Law Tribune: Non-compete agreements in employment contracts are under scrutiny. Critics argue they limit worker mobility and suppress wages, while supporters believe they protect business interests. With recent actions by the FTC and NLRB condemning these clauses and some states moving toward bans or restrictions, is it time for Connecticut to reconsider its stance? What are your thoughts on non-compete agreements in the workplace? #business #noncompetes #fullservicelawfirm

The new FTC rule bans noncompetes for the vast majority of U.S. employees. You may only have 120 days to plan for alternatives. Learn the key takeaways from my esteemed colleagues, Chris Marquardt, Ian Wright and F. Nicholas Chandler, who are experts in the field. They are poised to help companies consider next steps.? https://lnkd.in/dTb9UCNS

Another week, another webinar! On Tuesday, I joined our stellar employment partner, Katie Maguire, to give an introduction to the drafting and enforcement of restrictive covenants in employment and M&A contracts. But when are we going to hear further on the proposed three month time limit on non-compete clauses, as set out by the Government in May 2023, and how will that change drafting and enforcement efforts going forward?

Straight from The Washington Post, there is some great news on the horizon for employees that have been locked into those ridiculous noncompete agreements. There is an appropriateness to consider when it comes to noncompete agreements and I, personally, am quite excited to see this in the spotlight today. Take Homes: ?? Read the fine print. ?? ?? Know your rights. ? ?? Think twice before you sign that dotted line. ?? "The Federal Trade Commission on Tuesday banned noncompete agreements for most U.S. workers, a move that will affect an estimated 30 million employees bound by contracts that restrict workers from switching employers within their industry. The new rule makes it illegal for employers to include the agreements in employment contracts and requires companies with active noncompete agreements to inform workers that they are void. The rule states that new noncompete agreements will be banned for all workers after it takes effect. Existing noncompete agreements will no longer be enforceable, except for senior executives, who the FTC says represent less than 1 percent of workers. “The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market,” FTC Chair Lina M. Khan said in a statement after the vote. The rule is set to take effect after 120 days, but business groups vowed to challenge it in court, arguing that the FTC greatly overstepped its authority and enacted a rule that will hurt companies. “The Chamber will sue the FTC to block this unnecessary and unlawful rule and put other agencies on notice that such overreach will not go unchecked,” Clark said. #stayinformed #noncompete #FTC #publicservice #ethicalpractices #righttowork #independent #antitrust #TheShermanAct #TheFTCAct #TheClaytonAct #federallaw

In a rare public meeting, the FTC voted 3-2 to approve a final regulatory rule banning virtually all preexisting and future noncompete agreements with very few exceptions. The Final Rule applies to essentially all businesses, regardless of size, and all employees, with a partial exception for “senior executives.” In this alert, Robert Nagle, Brian Berkley and Josephine Wenson outline the key elements and next steps for employers. #employmentagreements #noncompeteban #noncompetecontract