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The Proposed Noncompete Ban: What Employers Need to Know 2023


  • City:
  • Start Date:2023-04-10 20:00:00
  • End Date:2025-04-10 20:00:00
  • Length:
  • Level:Intermediate
  • Topics:Employment & Labor

$79.00 ProPass

Overview

The Federal Trade Commission has proposed a new rule to ban noncompete clauses stating that these clauses hurt workers and harm competition. The FTC’s website reports that the new rule “would make it illegal for an employer to: enter into or attempt to enter into a noncompete with a worker; maintain a noncompete with a worker; or represent to a worker, under certain circumstances, that the worker is subject to a noncompete.”
Source: FTC Press Release January 2023.

Recorded in April 2023.

Faculty

Gregory R. Sellers, Esq.

Greg is a skilled litigator and a trusted advisor to businesses. He regularly handles merger and acquisition (M&A) litigation, business divorce matters, representation and warranty insurance matters, directors’ and officers’ liability disputes, corporate governance matters, breach of fiduciary duty suits, securities fraud suits, shareholder and partnership disputes, family business disputes, insurance matters, real estate disputes, and financial services matters. Clients appreciate his ability to quickly understand their businesses and develop strategies to address their needs. In his employment and counseling practice, Greg regularly represents employers and individuals in discrimination claims, wage and hour litigation, agency charges, and restrictive covenant litigation. He also handles workplace investigations and provides employers counsel to ensure compliance with local, state, and federal law. Clients benefit from Greg’s keen ability to determine counterparties’ weaknesses and craft strategies to leverage his clients’ positions into positive outcomes. Greg has appeared in state and federal courts and in arbitrations throughout the country. Greg forcefully represents his clients through thoughtful and strategic written and oral advocacy. Greg’s training includes substantial appellate experience, which he continues to utilize for his clients’ benefit. Prior to joining Klehr Harrison, Greg served as a law clerk to the Honorable Judge Dolores Sloviter on the U.S. Court of Appeals for the Third Circuit and the Honorable Judge Jane Grall on the New Jersey Superior Court, Appellate Division. Pro bono representations are an important part of Greg’s practice. He has obtained substantial settlements and judgments on behalf of Philadelphians who would otherwise be unable to afford legal representation to obtain relief.

Jonathan S. Krause, Esq.

Mr. Krause is a Partner in Klehr Harrison Harvey Branzburg LLP’s Employment and Litigation Practice Groups, resident in Philadelphia and Cherry Hill. He represents employers in all aspects of employment and labor law, with a particular emphasis on discrimination/ harassment, trade secret/non-compete, wage and hour, and whistleblower issues. Mr. Krause’s practice encompasses both counseling clients on workforce issues and representing them when litigation arises. He has handled numerous wage and hour class and collective actions where plaintiffs bring litigation on behalf of groups of employees alleging improper classification of exempt or non-exempt overtime status, off-the-clock pay liability, misclassification as an independent or contingent worker, and other alleged violations of wage and hour statutes. In addition to litigation, Mr. Krause conducts internal wage and hour audits to assist clients in properly classifying employees, protect against avoid off-the-clock liability, and avoid independent contractor misclassification and joint employer liability. He reviews compensation plans to ensure legal compliance; counsels employers on wage and hour issues related to compensable time, wage deductions, and commissions; and works with clients to implement and enforce arbitration agreements with class and collective action waivers. Mr. Krause also has extensive expertise representing employers and individuals in injunction and money damage actions seeking to enforce restrictive covenant agreements against departing employees and their new employers, including matters where confidential information is taken. He regularly defends claims brought under the full range of EEO statutes and state common law, including Title VII, the ADA, ADEA, and FMLA. Mr. Krause has successfully represented clients in jury trials and arbitrations on such claims. He also represents employers in preventing and defending whistleblower claims, including claims under the Sarbanes-Oxley Act, the Dodd-Frank Act, and state whistleblower statutes. Mr. Krause’s experience also includes benefits, stock option, and WARN Act claims. He counsels clients on workforce reductions, workplace investigations, hiring decisions and processes (including background check issues), disability accommodations and medical leaves, termination and discipline decisions, senior management contract negotiations, severance negotiations, drafting employee handbooks and policies, and other workforce issues. 


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