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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

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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

Jonathan 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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