Labor Days

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

FTC Doubles Down Against Long Odds on Noncompete Rule

After two federal courts condemned the Federal Trade Commission’s audacious effort to ban noncompete agreements in the United States, the agency is gambling that a circuit court will rescue its Noncompete Rule . At…

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)…

New York Rejects Florida Non-Competition Law As Against Public Policy

In a blow to New York employers who wish to enforce restrictive covenants under other state law, the New York Court of Appeals recently held that the Florida choice of law provision in an employment agreement was…