With the Federal Trade Commission’s non-compete ban out of the picture, the Supreme Court barring most universal injunctions, and the National Labor Relations’ Board directive identifying non-compete agreements as violating the National Labor Relations Act rescinded, the enforceability of non-competes is even more of a state-by-state issue. Florida recently passed HB1219, the Contracts Honoring Opportunity, Investment, …
Federal Judge Sets Aside the FTC’s Noncompete Ban
Not so fast and not so final – for now. On August 20, 2024, U.S. District Judge Ada Brown in the U.S. District Court for the Northern District of Texas sided with a plaintiff group comprised of a limited liability company, a coalition of various business groups, and the U.S. Chamber of Commerce, and set …
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Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic departure from the current regulatory landscape, which is primarily dictated by state law. A non-compete clause is a contractual …
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