Noncompete Agreements: What's Legal, What's Not. Recent Developments
Duration: 90 minutes
Speaker: Dr. Jim Castagnera, Esq.
Webinar Description
In announcing proposed regulations outlawing most employee noncompetition agreements, the Federal Trade Commission is making good on a promise made by President Joe Biden nearly two years ago. In his July 9, 2021 Executive Order on “Promoting Competition in the American Economy,” The fact sheet explaining Biden’s order observed, “Competition in labor markets can empower workers to demand higher wages and greater dignity and respect in the workplace. One way companies stifle competition is with non-compete clauses. Roughly half of private-sector businesses require at least some employees to enter non-compete agreements, affecting some 36 to 60 million workers.”
A growing number of states agree with the Biden Administration. California, Colorado, Illinois, Maine, Maryland, New Hampshire, North Dakota, Oklahoma, Oregon, Rhode Island, Virginia and Washington have either banned outright or sharply restricted employee non-competes.
Encouraged by Biden’s Executive Order, the FTC had been signaling for some time that the proposed regs were on the agency’s drawing board. On January 5th, the regs were finally revealed. The accompanying press release opens, “The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.”
This informative webinar will explain what a non-compete agreement contains, where it is illegal and what alternatives affected employers have if non-compete agreements are not available.
Agenda
What is a non-compete agreement
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When will courts enforce non-competes
What the FTC’s proposed regulations say
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What is the likelihood they will become final
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If so, when will they take effect
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Can you still submit a public comment to the FTC
Which states currently outlaw non-competes
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What do they typically prohibit
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What are the exceptions
What alternatives to non-competes do employers have
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No-solicitation agreements
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Confidentiality (NDA) agreements
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Sample policies
Can employers enter into no-poaching agreements
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What can be the consequences
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What are the exceptions
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Logistics
- 90 minutes (Travel Free) delivered over the Internet.
- Unlimited listeners per connection - bring the entire department.
- Q&A session with the expert.
This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.
What is a webinar?
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You will need a computer with an Internet connection (high speed service such as DSL or cable works best) and a telephone. You may listen to the webinar through your computer speakers, in which case you will not need to use a telephone connection. Internet access is not required for phone-only participants, but you will not be able to see the speaker’s slides.
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CDs of each program will be available for sale and can be shared with your business associates.
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How do I ask a question during the webinar? Will my question be answered during the presentation?
A question and answer session will be scheduled at the end of each webinar. You can then ask a question by typing it into the question box that will be provided to you duringthe webinar. You may also ask a question through the telephone connection. As many questions as possible will be answered during the Question and Answer period.