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Article
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April 30, 2024

Noncompetes, Overtime, and the Status Quo: How Agency Rulemaking Distorts Federal Policy and Why Only Courts Can Fix It

Alexander MacDonald proposes that federal policymaking has strayed from the classical, Congress-driven model, and the only fix is stronger judicial review.

In the News
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April 29, 2024

FTC Noncompete Ban: Employers’ Next Steps

Melissa McDonagh says employers are required to provide “clear and conspicuous notice” to all workers whose noncompete agreements have been declared unenforceable by the FTC’s final rule. (Subscription required.)

In the News
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April 29, 2024

Non-compete agreements – are employers already making their own minds up?

In a preview of Littler’s 12th Annual Employer Survey, Melissa McDonagh and James Witz say employers are taking a “wait-and-see” approach to noncompete agreements and suggest other options to protect their confidential information and business relationshi

In the News
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April 23, 2024

Businesses face 'seismic shift' after FTC bans noncompetes. Here's what they should do next

James Witz says that even before the FTC passed a rule to ban noncompetes, many employers were already dialing back their use of noncompete agreements. (Subscription required.)

In the News
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April 23, 2024

FTC Bans Most New Noncompete Agreements Nationwide

James Witz and Melissa McDonagh talk about how the FTC’s ban on noncompetes affects employers. (Subscription required.)

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