ACC NCR: Non-Compete Agreements Update

The Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (NPRM) to ban almost all post-employment non-compete agreements and the FTC is expected to vote on a final rule in 2024. The May 30, 2023 National Labor Relations Board (NLRB) Guidance opines that most non-competes for non-supervisors violate federal law. Numerous states have proposed or are proposing legislation to ban non-competes, such as the Minnesota law going into effect on July 1, 2023. These laws also interplay with the Defend Trade Secrets Act, unfair competition laws as well as antitrust concerns. This CLE will explain the competing business, employee, and governmental interests related to non-competes with a focus on how businesses should best prepare for the current and upcoming changes. We will discuss best practices that companies should follow now regarding restrictive covenants, including non-competes and non-solicitation agreements.

Presented by Carrie Amezcua, Counsel, and Jaime Tuite, Shareholder, at Buchanan, Ingersoll and Rooney and Michael Robic, Vice President, Deputy General Counsel at Highmark Health.

 

1.5 Hours of VA MCLE pending.