Raising Cane's River Center - ASM Global的动态

Bound by a non-compete at work? Think your employees are subject to a non-compete? Surprise- maybe not anymore! Yesterday the FTC banned almost all noncompete agreements. Subject to only a few narrow exceptions companies are banned from entering into new noncompete agreements and enforcing noncompete agreements currently in effect. Learn more from Team Taft:

When I draft my costing, I ask myself two questions: 1.Does this cost help my team grow financially? 2.Will this cost help the business grow? I’m confident in the quality my team has been delivering since 2018. The secret? Everyone is treated well—receiving quality care before, during, and after each project, and being paid fairly. By prioritizing the team’s welfare within our operations, we see better performance for our clients, which in turn builds trust.

The New York State Assembly may consider legislation regulating the use of noncompete agreements, and your voice matters now. While no formal bill has been introduced yet, engaging early will help ensure a measured approach that protects employers and workers without stifling innovation. SHRM recognizes the need to protect worker mobility and supports promoting a well-functioning labor market where workers can earn higher wages. We also support allowing employers and appropriate workers to consent to well-structured noncompete agreements. SHRM believes that blanket bans on noncompete agreements stifle innovation, limit an employer’s ability to offer training opportunities and harm businesses and workers alike. We urge you to contact your legislators in the New York State Legislature and ask them to consider a balanced approach in any legislation they consider regarding noncompete agreements. To strengthen your message, SHRM also encourages you to share a story from your workplace that highlights the importance of allowing employers to use equitably written noncompete agreements with appropriate workers, and why this must remain permissible. Take action today by visiting SHRM's Advocacy Action Center or by texting BALANCE to 52886. Check out SHRM’s new Advocacy Action Center which you view here: https://lnkd.in/epgv2XM9

In case you were concerned about September 4th and the massive change in non-compete agreements nationwide, how it impacts your organization and what will happen after, a Federal Judge in Texas has provided you and most other employers at least a reprieve for now - at the federal level. Ruling that the FTC went to far and precluding the regulation from going into effect. Is it over? How does this impact your organization going forward? What are some of the issues you should consider now? These are just some of the issues to be dealt with in the near future. But, for today there is the fact that nothing will change on September 4, 2024. Stay tuned for more thoughts and considerations to come. #employer #workplace #emplaw #employmentlaw #brownandconnery #hr #noncompete Lauri Ann Plante, MSOD, SPHR, SHRM-SCP (she/her/hers) Judy Sailer, SHRM CP, PHR Judith Baker, SHRM- SCP, SPHR Ryan Baker James Abeyta Stevens, MA, LMHC, SHRM-CP, PHR Desiree Navarro, MBA, SHRM-SCP, SPHR Shirley Rijkse, MBA, SHRM-SCP, DTMJason Sutheimer, SPHR, SHRM-SCP, CWP Heather Deyrieux, MSM, CPM, SHRM-SCP, SPHR Megan Nail, CCP, SHRM-SCP, CEBS Ken Bode BJ Anderson, SHRM-SCP FLO RYAN Michael Timmes, SPHR, SHRM-SCP, CPC Chad Sorenson John Baldino Gina Kirby-Elliott SHRM-CP Allison West, Esq., SHRM-SCP, AWI-CH Erika Blue Susan Tunney Todd Cohen, CSP - Keynote Speaker and Motivator. Geoffrey Klein Lu Ann Cahn Gerry Lantz Gerry Crispin Bruce W. Waller, CRP, PHR, SHRM-CP Jon Petz, CSP, CPAE Ed Rigsbee, CSP, CAE Scott Rosen ? Scott McKain Catharine Mirabile, SHRM-SCP Theresa Habina McGlinchey, MSOD Theresa Hummel-Krallinger ? Sarah Ohanesian Charles Popper Frank Plum Frank Cania, MSEmpL, AWI-CH, SPHR, SHRM-SCP Victoria Krotzer Tammy Antanaitis Anthony Carlozo https://lnkd.in/eSz-9e8i

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule approving its proposal to ban non-compete agreements for all workers including independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide a service to a person. Under the final rule, employers will be required to provide notice to workers (other than senior executives who are bound by an existing non-compete) that they will not be enforcing any non-competes against them. Existing non-competes for senior executives can remain in force under the FTC’s final rule, but employers are banned from entering into or attempting to enforce any new non-competes, even if they involve senior executives. Link to more details in comments. #laborandemployment #humanresources #humanresourecesmanagement #noncompete

For those curious about what the recent FTC ruling on non-compete agreements mean, here's a concise summary:

Tuesday the FTC voted to issue its final rule effectively banning non-compete agreements (with very limited exceptions). The final rule is scheduled to go into effect 120 days after publication in the Federal Register. The broad prohibition covers agreements with any worker, which includes employees, independent contractors, externs, interns, volunteers, apprentices, or sole proprietors. There are very limited exceptions to the prohibition. Additionally, employers will be required to provide “clear and conspicuous notice” by the effective date to all workers whose agreements have been declared unenforceable by the final rule that the agreements will not be, and cannot legally be, enforced. This notice must be in written form and delivered by hand, mail, email, or text message. The final rule provides model language for this notice. If you are an employer, now is a good time to review existing contracts with workers and determine what notices may be required under the law. Read more: https://lnkd.in/eE4dim4M #NonCompetes

Noncompetes are already void under California law, and it hasn't hurt business. It enables companies to compete for the best minds and cultural fits for their organizations. Nondisclosure Agreements have a lot of teeth. This is a good move. Now we just need universal healthcare, free community college, paid maternity leave, free early childhood care, a 4-day work week, real penalties for OSHA violations, pensions, and livable wages and we might have a happy workforce! Or we can get paid to make art, enjoy nature, innovate, build thriving communities and enjoy carbon-negative agriculture while the machines do the grunt work. Just a dream...

FTC Bans Most New Noncompete Agreements On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” The Rule becomes effective September 4, 2024. The Rule defines a prohibited “non-compete clause” to include any contract term, workplace policy, or term or condition of employment, written or oral, that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from seeking work, accepting work, or operating a business after prior employment ends. Other types of post-employment covenants (e.g., non-disclosure and non-solicitation) could be implicated under the Rule if they have the effect of a non-compete. The Rule applies to paid and unpaid workers, including employees, independent contractors, externs, interns, volunteers, apprentices, and sole proprietors. The Rule does not apply to the franchisee in a franchisor relationship. Employers are prohibited from: (1) entering into or attempting to enter into a non-compete clause, (2) enforcing or attempting to enforce a non-compete clause, and (3) representing that a worker is subject to a non-compete clause. The Rule applies to non-compete clauses entered before September 4, 2024 unless the non-compete clause is with a “Senior Executive.” A Senior Executive means a worker receiving total annual compensation (excluding fringe benefits) of at least $151,164 in the preceding year, and was “in a policy-making position”—meaning the entity’s president, CEO, officer, or other person who has final authority to make policy decisions that control significant aspects of the entity (and not just a subsidiary or affiliate). The Rule does not apply to non-compete clauses entered into “pursuant to a bona fide sale of a business entity, of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets.” On or before September 4, 2024, employers are required to provide all workers with impacted non-compete clauses clear and conspicuous notice to the worker that the non-compete clause will not be, and cannot be, legally enforced against the worker. The notice must be provided in writing by hand deliver, mail, email or text message, and group communications are permissible. The Rule provides model notice language. Lawsuits have already been filed to enjoin the Rule from taking effect. It is anticipated at least some courts will enjoin the Rule from taking effect until the U.S. Supreme Court has an opportunity to weigh in on the Rule’s validity and constitutionality. Employers with non-compete clauses should monitor these lawsuits for further developments in advance of the September 4, 2024 effective date. #MOSHRM #FTC #NonCompete #EmploymentLaw

https://lnkd.in/dwGpPxCh Key text: "The final rule would ban new noncompete agreements for all workers and require companies to let current and past employees know they won’t enforce them. Companies will also have to throw out existing noncompete agreements for most employees, although in a change from the original proposal, the agreements may remain in effect for senior executives." Pretty impactful.