As discussed in our previous article, the Federal Trade Commission’s (“FTC”) newly enacted Non-Compete Clause Rule (“Rule”) is set to go into effect on September 4, 2024, by its own terms. The Rule would virtually ban all non-compete agreements for nearly all workers of for-profit employers.
The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation, non-disclosure, and return of property provisions – contained in an employer’s standard employment agreement. The Division’s approach in this particular case serves as a helpful guide for how the agency will likely assess other similar agreements in the future.
Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and the ADA. While the plan is still in its very early stages, any revisions to statutory damages caps would have significant implications for employers.