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1 month ago | 
jdsupra.com | Tobias E. Schlueter |Zachary Zagger
The federal government has filed motions to stay two ongoing appeals of rulings that blocked the Federal Trade Commission’s (FTC) rule banning noncompete agreements. Quick Hits The Trump administration is seeking to pause the FTC’s pursuit of appeals of two district court decisions that blocked the FTC’s rule banning noncompetes, suggesting an expected shift in the government’s approach to the rule.
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1 month ago | 
jdsupra.com | Tobias E. Schlueter |Christine Townsend |Zachary Zagger
On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor markets and consumer protection, including targeting unreasonable noncompete agreements, no-poach, non-solicitation, and no-hire agreements, and unlawful use of diversity, equity, and inclusion (DEI) metrics.
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1 month ago | 
ogletree.com | Christine Townsend |Tobias E. Schlueter |Zachary Zagger
Quick HitsThe FTC is establishing a task force aimed at enforcing antitrust laws in labor markets, including where unreasonable noncompete agreements and other restrictive employment practices implicate antitrust issues.
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2 months ago | 
jdsupra.com | Hera Arsen Ph.D |Jennifer Betts |Tobias E. Schlueter
In a significant development for employers that use restrictive covenant agreements, on February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel (GC) William B. Cowen rescinded prior NLRB GC memoranda, including two restrictive covenant-related memoranda authored by former general counsel, Jennifer Abruzzo.
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2 months ago | 
openlegalblogarchive.org | Jennifer Betts |Tobias E. Schlueter |Christine Townsend
Quick HitsOn February 14, 2025, NLRB Acting GC William B. Cowen rescinded memoranda that deemed as violations of the National Labor Relations Act (NLRA) two categories of restrictive covenant agreements with non-supervisory/non-management employees: (1) non-compete agreements in employment contracts and severance agreements and (2) stay-or-pay agreements whereby employees are required to remain employees for a certain period of time or reimburse an employer certain moneys.
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2 months ago | 
ogletree.com | Jennifer Betts |Tobias E. Schlueter |Christine Townsend |Hera Arsen
Quick HitsOn February 14, 2025, NLRB Acting GC William B. Cowen rescinded memoranda that deemed as violations of the National Labor Relations Act (NLRA) two categories of restrictive covenant agreements with non-supervisory/non-management employees: (1) non-compete agreements in employment contracts and severance agreements and (2) stay-or-pay agreements whereby employees are required to remain employees for a certain period of time or reimburse an employer certain moneys.
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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.
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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.
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Oct 1, 2024 | 
jdsupra.com | Tobias E. Schlueter |Zachary Zagger
The Federal Trade Commission (FTC) is appealing a Florida federal court ruling temporarily blocking the FTC’s noncompete ban a month after a Texas federal judge in a separate case blocked the FTC’s ban on a nationwide basis. Quick Hits The FTC is appealing a Florida federal court’s preliminary injunction blocking its noncompete ban.
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May 29, 2024 | 
mondaq.com | Scott McLaughlin |Christine Townsend |Tobias E. Schlueter
On May 7, 2024, the Federal Trade Commission (FTC)
published a final rule that effectively bans all non-compete
agreements between employers and "workers" as
"unfair method[s] of competition" and requires employers
to refrain from enforcing most existing non-compete
agreements.
