Scott McLaughlin

Oct 21, 2024 | jdsupra.com | Scott McLaughlin |Christine Townsend |Zachary Zagger

The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit. Quick Hits The FTC filed a notice of appeal to challenge an August ruling that set aside its noncompete ban with nationwide effect. The appeal comes after the FTC appealed a similar preliminary injunction ruling by a federal court in Florida.

Oct 14, 2024 | jdsupra.com | Jennifer Betts |Scott McLaughlin |Tobias E. Schlueter

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views so-called “stay-or-pay” provisions as unlawful. Quick Hits The NLRB issued a memo announcing the GC’s position that employment provisions requiring employees to remain at an employer for a specific period or repay certain costs may be unlawful.

Oct 11, 2024 | ogletree.com | Jennifer Betts |Tobias E. Schlueter |Scott McLaughlin |Zachary Zagger

Quick HitsThe NLRB issued a memo announcing the GC’s position that employment provisions requiring employees to remain at an employer for a specific period or repay certain costs may be unlawful. The memo further warns employers that the NLRB will seek expanded remedies for unlawful, overly broad noncompete and stay-or-pay provisions.

Aug 19, 2024 | jdsupra.com | Justin Allen |Scott McLaughlin |Christine Townsend

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision aligns with a July 3, 2024, decision from the U.S. District Court for the Northern District of Texas, which also issued a preliminary injunction enjoining the FTC noncompete rule.

Aug 16, 2024 | ogletree.com | Justin Allen |Christine Townsend |Scott McLaughlin

Quick HitsOn April 23, 2024, the FTC voted to adopt a final rule that will ban nearly all noncompete agreements in employment contracts. Two federal district courts have issued injunctions against the FTC rule, concluding that the agency likely acted improperly and outside its statutory authority in adopting the rule. However, the injunctions are limited to the parties in those cases.