By Jesse M. ColemanMichael Wexler, and Robert Terzoli 

Seyfarth Synopsis: An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements.

The decision is yet another attack on non-competes in line with the NLRB General Counsel’s May 30, 2023 memo

Continue Reading NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

By Jesse M. ColemanDaniel P. Hart, and Eron Reid

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on

Continue Reading Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)