If you follow the news, you are probably aware that non-compete agreements are under attack on several levels. This episode will consider three primary sources of these attacks on non-compete agreements:
- The Federal Trade Commission (FTC) Proposed Rule banning non-compete agreements;
- The NLRB General Counsel Memorandum GC 23-08 (May 30, 2023) indicating that non-compete agreements may violate section 7 of the National Labor Relations Act; and
- State laws banning or curtailing enforcement of non-compete agreements.
See the FTC Proposed Rule here.
See the NLRB General Counsel Memo here.
Listen in to find out more about the future of non-compete agreements. You can listen here.
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
ADVERTISING MATERIAL.
© 2026 Keating Muething & Klekamp PLL. All Rights Reserved
Subscribe
RSS Feed
Follow us on Facebook
Follow us on Twitter
Follow us on LinkedInTopics/Tags
Select- Labor & Employment Law
- Employment Law
- Department of Labor
- Wage & Hour
- FMLA
- Labor Law
- FLSA
- NLRB
- Arbitration
- EEOC
- National Labor Relations Board
- Americans with Disabilities Act
- Sexual Harassment
- Discrimination
- Reasonable Accommodation
- Sixth Circuit
- Social Media
- Coronavirus
- Title VII
- Transgender Issues
- Employer Policies
- Religion Discrimination
- Employment Litigation
- Diversity
- Employer Rules
- Overtime Pay
- Workplace Violence
- Pregnancy Discrimination
- Non-Compete Agreements
- Independent Contractor
- Joint Employer
- Telework
- OSHA
- Artificial Intelligence
- Employee Benefits and Executive Compensation
- Paid Leave Laws
- Privacy
- Department of Justice
- Compliance
- NLRA
- Tax Credit
- Employee Tips
- One Big Beautiful Bill
- Supreme Court
- Workplace Accommodations
- Federal Trade Commission
- Worker Classification
- Harassment
- Litigation
- IRS
- Performance Improvement Plans
- Department of Homeland Security
- Immigration and Customs Enforcement
- Foreign Nationals
- Immigration and Nationality Act
- Disability Discrimination
- Medical Marijuana
- Inclusion
- LGBTQ+
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Employer Handbook
- Race Discrimination
- ERISA
- ADAAA
- Unions
- ACA
- Affordable Car Act
- Technology
- Medical Cannabis Dispensaries
- Federal Arbitration Act
- Whistleblower
- Disability
- United States Supreme Court
- 401(k)
- Employment Settlement Agreements
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- E-Discovery
- Evidence
- Paycheck Protection Program
- Family and Medical Leave Act
- Environmental Law
- Securities Law
- Privacy Laws
- Health Savings Account
- Preventive Care Benefits
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Telecommuting
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- DOL Proposes New Joint Employer Rule: What Employers Need to Know
- Arbitration Agreements Take a Hit: What the Sixth Circuit's EFAA Decision Means for Your Workplace Agreements
- Bourbon, Ballots, and Bargaining Orders: Sixth Circuit Rejects NLRB’s Cemex Framework
- Independent Contractor and Joint Employer Rules: Looking to the Past for Future Compliance
- New Requirements for Employers in California
- Back to the Office: The EEOC Clarifies the Limits of Telework Under the ADA
- EEOC Rescinds Anti-Harassment Guidance Addressing Transgender Protections
- The EEOC’s Renewed Focus on Employer DEI Programs in 2026
- The Commute Counts: DOL Confirms FMLA Leave Extends to Travel Time
- Expansion of State Paid Leave Laws in 2026