The End of Non-Competes?
The FTC’s proposed rule banning non-competes in all but the sale of business context, if passed, could go into effect as early as fall 2023 and would be retroactive to existing covenants.
This hour-long program will discuss actions employers will be obligated to take in light of any such rule, including rescinding current non-compete agreements and preparing revised restrictive covenants.
We will also discuss the recent state trend of legislative action already limiting the use of restrictive covenants in Colorado, Illinois, Massachusetts, Oregon and Washington. These actions have included adopting compensation, additional consideration and/or notice requirements, and significant civil and criminal penalties.
Finally, we will provide suggested action steps for employers, particularly multi-state employers or those with remote employees, to ensure compliance with applicable federal and state laws.
In order to receive CLE credit, attendees must participate via video and verify by answering a polling question.
No Fee to Attend, Open to the Public
12:00 PM Introduction/general explanation of restrictive covenants
12:05 PM FTC’s proposed rule banning non-compete agreements
12:20 PM State action overview and details regarding Colorado, Illinois, Massachusetts, Oregon, and Washington
12:40 PM Preemption by FTC rule and/or interaction between federal and state laws governing non-competes
12:50 PM Employer strategies
1:00 PM Adjourn
With over 25 years of experience as a labor and employment attorney, Marcia represents corporate and management clients in all aspects of employment law. She is chair of the firm’s National Employment Group, leads the Omaha Employment Group, and serves as Kutak Rock’s employment counsel.
Diana Fields, Partner, Denver
Diana has represented corporate clients and senior management in federal and state courts and in alternative dispute resolution and administrative agency proceedings involving employment-related disputes (e.g., claims of wrongful discharge, discrimination, breach of contract, misappropriation of trade secrets, and enforcement of non-competition agreements).
Kasey Cappellano, Partner, Omaha
Kasey is an accomplished employment litigator and has successfully defended clients in federal and state courts, including Nebraska, Iowa, Colorado, Texas and Tennessee.