The Changing Landscape of Non-Compete: Federal Considerations and Updates on State Law Issues
The Federal Trade Commission (FTC) has made a proposal to bar nearly all noncompete agreements between employers and employees. It is believed that such a ban would affect about 30 million workers. The proposed rule would prevent employers from entering into noncompete agreements with workers and require employers to rescind existing noncompete agreements and provide notice that these clauses are no longer in effect. The FTC said noncompetes—contractual covenants in which employees agree not to accept similar employment with a competitor after their employment period is over—harm competition by blocking workers from pursuing better opportunities and by preventing employers from hiring the best available talent. In this legal perk, we will discuss the proposed rule, the current backlash and where Louisiana rules currently stand with regard to non-competes. Our presenter will provide current caselaw examples, provide real-life experience and provide information so you have some knowledge regarding whether or not your non-compete stands up to current scrutiny under the law.
Admitted in Texas and Louisiana, Drew works with employers on issues arising under Title VII, ADEA, ADA, NLRA, FMLA, FLSA, WARN, ERISA, and state laws concerning drug testing, non-competition agreements, trade secrets, and handbooks. He also defends claims of defamation, invasion of privacy, wrongful discharge, and intentional infliction of emotional distress based on state laws. Drew has extensive employment law experience representing employers in both federal and state courts and federal and state administrative agencies. He often resolves matters favorably at the summary judgment stage.
A significant part of Drew’s work is defending companies against overtime lawsuits under the Fair Labor Standards Act and corresponding state laws. Because of his experience defending such lawsuits, Drew has expanded his practice in training clients and reworking policies to mitigate against the risk of future suits for unpaid overtime.
Working with clients in collective bargaining relationships, Drew regularly handles grievance and arbitration matters as well defends unfair labor practice charges for organized and union-free facilities.
Drew works with clients on policy updates and advice for clients on a national and international basis. Thanks to Ogletree Deakins’ Cross-Border Practice Group, Drew’s clients have received advice about stock options in the European Union, employment agreements in Zambia, restrictive covenant issues in Norway and South Africa, as well as independent contractor agreements in Canada.