Non-Competition Agreements

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) to prohibit employers from entering into post-employment non-compete agreements with workers. The proposed rule, if adopted, would essentially ban non-compete agreements nationwide, with very limited exceptions.  The FTC will soon publish the NPRM in the Federal Register, triggering a 60-day public comment period.‎  Here are answers to some of the key questions employers may have about the proposed rule.
Continue Reading FTC Proposes Rule that Would Ban Almost All Non-Compete Agreements Across the United States

On July 9, 2021, President Biden signed an Executive Order which directed the Federal Trade Commission to curtail the use of non-competes nation-wide in order to help promote competition and expand the economy. At the moment, only three states forbid the use of non-compete clauses in employment agreements: California, North Dakota and Oklahoma. Nearly one dozen states – including Massachusetts – have put tough restrictions on the use and enforcement of non-compete agreements irrespective of which employees are required to sign same.
Continue Reading Non-Competes May Become a Thing of the Past Across the Nation

The currently pending Senate proposal S.2625 – so-called non-compete “reform” legislation – was filed on Monday, July 23, 2018, in the Massachusetts Senate. It is not a stand-alone piece of legislation, but instead is buried deep within a $600 million appropriations bill which was issued from the Senate Ways and Means Committee. It would change