October 1, 2024

Welcome!

Welcome to the fall issue of SuperVision, our labor and employment e-newsletter. In this edition, we cover the current status of the FTC’s attempts to ban noncompetes, OSHA’s proposed heat standard, how to handle political conversations at work, an employer’s obligation to address off-duty conduct, a recent Fourth Circuit decision interpreting wrongful discharge in violation of North Carolina public policy, and provide a review of recent workers’ compensation decisions from the West Virginia Supreme Court. We hope you find these topics engaging and informative.

As always, thank you for reading.

The FTC’s Rule Banning Noncompete Agreements is Dead. Long Live Noncompete Agreements?

By Mitchell J. Rhein

Earlier this year, the Federal Trade Commission (FTC) announced a Final Rule outlawing nearly all noncompete agreements between employers and employees. That Final Rule, however, was overturned at the end of August 2024. After granting a limited injunction in July 2024, a Texas court invalidated the FTC’s Final Rule days before it was set to take effect on September 4, 2024.

The court ruled that the FTC has no authority to issue broad rules like the Final Rule banning noncompete agreements or invalidating millions of contracts retroactively. Instead, the court said the FTC could only deem noncompete agreements unfair methods of competition through case-by-case adjudication. The court also concluded the Final Rule was unenforceable because the FTC...

Read Full Story: https://news.google.com/rss/articles/CBMihgFBVV95cUxOV0syY0VhdW9EbkZnelY0S0lj...