Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Betting Against DraftKings: A Lesson in Noncompete State Laws

2024 has been the year of noncompete litigation. Since the Federal Trade Commission (FTC) announced its Final Rule in April 2024, seeking to ban noncompetes with limited exceptions, employers have been (rightfully)…

It appears the FTC’s Rule Prohibiting Noncompetes is Dead (For Now)

The ability of employers to legally enforce noncompetition restrictions received a big win last week when a federal court in Texas set aside the Federal Trade Commission’s (FTC) Final Rule seeking to ban noncompete…

So Long, Chevron: What The Elimination Of Agency Deference Means For Employers And The Future Of Labor And Employment Law

Generally speaking, it’s difficult to drum up excitement about administrative law (except amongst those of us who deal regularly in the labor and employment law arena and other highly regulated areas of law). That has…

Not Dead Yet: Noncompetes Survive, the FTC Rule Doesn't (For Now)

Perhaps there has been no employment law topic written about more in 2023, and to-date in 2024, than the Federal Trade Commission’s (FTC) (Proposed) and Final Rule, which broadly (and arguably, unconstitutionally)…