April 24, 2024
No items found.

FTC Rule Bans Most Non-Competes

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning noncompetes nationwide on the basis that they are an unfair method of competition. This rule takes effect 120 days after it is published in the Federal Register, but it is already raising questions for employers and employees.

Approximately 18% of US workers are covered by noncompetes, which control their ability to seek work with competitors after leaving their employer, either by choice or through termination. Once the rule takes effect, it will bar employers from entering into new noncompetes with workers and nullify noncompete agreements for any worker who is not a “Senior Executive.” Senior Executives are defined as employees earning more than $151,164 per year and who are in policy-making positions. The rule allows existing noncompetes for Senior Executives to remain in effect, but prevents employers from entering into new noncompetes with any employee, including senior executives.

This is a major change, and there will undoubtedly be extensive legal action against the rule. For now, employees and employers should take note as we continue to monitor the rule as it goes into effect.

Pregnant Workers’ Fairness Act Regulation Set to Take Effect June 18, 2024

May 15, 2024
Pregnancy Discrimination
The EEOC issues its final rule and interpretive guidance to implement the PWFA.

Laurie Berke-Weiss Participates in NYU Law School Student's Presentation, "Clawback Across the Country"

April 29, 2024
Berke-Weiss Law in the News
Laurie Berke-Weiss participates in a presentation regarding an NYU Law School student's paper entitled, "Clawback Across the Country."

Congress and Lawsuit Threaten NLRB’s Joint Employer Rule

April 1, 2024
No items found.
National Labor Relations Board issues a final rule pertaining to joint employment causing some backlash.

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