Compliance Stuff

  Virginia is poised to further expand its restrictions on employee non-competes. The Virginia legislature r ecently passed   SB 170   (the “SB 170”), making employee non-competes unenforceable if an employer terminates an employee without cause and does not provide severance or other monetary compensation . This new requirement applies to non-competes for employees at all levels regardless of compensation. Failure to comply with SB 170 can lead to civil penalties and private rights of action with recovery of attorney fees and damages. SB 170 is headed to Governor Abigail Spanberger, who is expected to sign it. This development is the latest in the growing patchwork of state non-compete laws. Although the Federal Trade Commission’s (“FTC’s”) nationwide non-compete rule has been  sidelined , scrutiny of restrictive covenants at the FTC remains. States, such as  Colorado ,  Illinois , and  Minnesota , continue to pass laws seeking to limit or ban employ...

A public workshop hosted by the Federal Trade Commission earlier this week signaled that the agency is still pursuing an aggressive enforcement agenda when it comes to noncompete agreements. While the Trump FTC takes the position that it does not have the authority to ban noncompetes outright, Tuesday’s workshop made clear that it will take on “abusive” agreements on a case-by-case basis – on behalf of both workers and consumers . Read on for highlights from the workshop and steps employers can take to stay on the FTC’s good side. 3 Biggest Takeaways From FTC Workshop The message from the FTC under both the Biden and Trump administrations is the same: abusive noncompetes are a problem. The difference is in their approach.   Chairman Andrew Ferguson began the workshop by explaining how he views the FTC’s role in regulating noncompete agreements between employers and employees. He reiterated his position that  the attempted Biden-era FTC noncompete ban  was unlawful and tha...

The Supreme Court will likely rule in favor of President Trump in a critical pending case that should be decided in early 2026, vastly expanding the president’s power to remove members of independent agencies. That’s according to the consensus predictions of our firm’s thought leaders monitoring  Trump v. Slaughter , a high-stakes case that centers on challenges to statutory removal protections for members of the Federal Trade Commission (FTC). But whatever the court decides could ultimately have sweeping implications for other independent agencies like the Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) – not to mention the fundamental structure of the federal government itself. Read on for an analysis of the issues, our specific predictions on h ow SCOTUS will decide the case, and how a final decision in 2026 could impact employers for years to come. Quick Background Earlier this year, President Donald Trump  fired two Democratic Comm...