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May 06, 2024

Matt Fontana Speaks with Power Progress on the U.S. Noncompete Ban

Labor and employment partner Matt Fontana shared his comments on the DOL ruling in the Power Progress article, “U.S. noncompete ban: protecting company interests if or when it goes through”, covering the U.S. Federal Trade Commission (FTC) proposed establishment of a final rule banning noncompete agreements.

In response, Fontana said that now is the time for a company to review existing employment restrictions, “What are they, who do you give them to, what is the reason and rationale for them, what’s the interest that the employer is seeking to protect?” he said.

He also said that while there is not a one-size-fits-all approach to addressing the rule, he recommends manufacturers contact their legal counsel so any employment restrictions they have in place for certain personnel can be reviewed to determine if the rule, should it go forward, will have an impact.

“And based on that advice, make some decisions about how you best want to protect the interests that you’re wanting to protect,” Fontana added.

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