Employment Contracts

Do you read the fine print before you sign?

10/28/2024

The Department of Labor has identified seven fine-print provisions in employment contracts that it believes violate the FLSA and the OSH Act.

FTC appeals court order that killed noncompete ban

10/28/2024

The Federal Trade Commission on Oct. 18 filed an appeal seeking to overturn a federal court’s ruling that the FTC did not have the authority to issue a rule banning noncompete agreements nationwide.

FTC can’t enforce its ban on noncompete agreements

09/19/2024

Janitors, security guards and fast-food employees probably shouldn’t be required to sign noncompete agreements, but many are. Last spring, the Federal Trade Commission tried to remedy this by issuing final regulations banning most noncompete agreements. A federal trial court has now issued a nationwide injunction prohibiting the FTC from enforcing them.

Federal court kills FTC noncompete ban

08/21/2024

A federal court in Texas has issued a summary judgment in a case challenging the Federal Trade Commission’s rule that would have banned noncompete agreements.

Prepare to notify current and past employees about FTC’s pending noncompete ban

08/19/2024

The Federal Trade Commission’s rule banning noncompete agreements is set to take effect Wednesday, Sept. 4. In addition to forbidding employers from enforcing existing noncompete agreements and requiring employees to sign new ones, the rule says employers must notify current and past employees who have signed noncompete agreements about the ban. Plan now to comply with the notification requirement—even though the rule may never go into effect.

Judge declines to block FTC noncompete ban, setting up potentially protracted legal fight

07/29/2024

ATS Tree Services asked Judge Kelley Hodge of the U.S. District Court for the Eastern District of Pennsylvania to issue a preliminary injunction blocking the rule.

Court order signals FTC’s noncompete ban may be struck down

07/08/2024

A federal judge in Texas on July 3 issued a preliminary injunction that partially prohibits the Federal Trade Commission from enforcing a rule that bans employers from using noncompete agreements. The court’s ruling likely means the rule will be overturned before it takes effect in September.

Older workers could get new exemption from mandatory arbitration agreements

06/28/2024

Congress is considering legislation that would ban mandatory arbitration of disputes involving older workers covered by the Age Discrimination in Employment Act.

SHRM: HR opposes FTC’s ban on noncompetes

05/31/2024

The Society for Human Resource Management has filed a friend-of-the-court brief in a lawsuit that seeks to overturn the Federal Trade Commission’s blanket prohibition on noncompete agreements.

4 questions and answers about FTC’s new noncompete ban

05/03/2024

On April 23, the Federal Trade Commission issued a final rule that bans almost all new noncompete agreements and makes existing ones unenforceable. FTC documents say the ban is necessary because requiring employees to sign noncompete agreements amounts to illegal restraint of trade.