LaborSpeak: Two Minutes on the FTC’s Proposed Ban on Non-Compete Agreements

In this installment we explore how the FTC voted to drop appeals defending its nationwide ban, but also launched an enforcement action against non-compete agreements, and sent letters to several large healthcare employers and staffing firms urging them to review their non-compete agreements.

Recently, Ohio enacted its own “mini” WARN Act, which largely mirrors the federal WARN Act, but, as of September 29, imposes some additional requirements on employers. Similar to the federal WARN Act, Ohio’s “mini” WARN Act requires that employers provide at least 60 days’ advance written notice to employees affected by a plant closing or a mass layoff. 

We have seen some new developments concerning non-competes this summer. Most recently, Florida enacted a new employer-friendly law, Colorado expanded its existing laws restricting non-competes, and New York’s proposed ban on non-competes was approved by the State Senate and now moves to the State Assembly for consideration. Watch here to learn what employers should be aware of with these new developments.

On June 5, 2025, the Supreme Court unanimously decided a case that could make it easier for employees to file so-called “reverse discrimination” claims.

Recently, economic uncertainty has resulted in more questions from employers considering organizational restructuring, including layoffs, furloughs, or hours reductions. Understanding and complying with federal, state and sometimes even local WARN Act obligations is crucial for employers looking to weather these turbulent times.

Last August, a federal district court set aside the Federal Trade Commission’s rule banning non-competes.  The FTC recently halted its appeals of that ruling and a similar decision, likely signaling the abandonment of a federal ban.  However, in the absence of a federal non-compete ban, there has been a growing trend among states to limit or prohibit the use of non-competes.  Here’s a quick update on those efforts.

In this installment of LaborSpeak, we discuss Attorney General Pamela Bondi’s memo setting forth the Department of Justice’s plan to investigate, eliminate, and penalize illegal DEI and DEIA activities in both the private sector and in educational institutions that receive federal funds. 

In this installment of LaborSpeak, we discuss some of the major changes in the labor & employment legal and regulatory landscape that employers should anticipate under the second Trump administration.