Overview:

On April 23, 2024, the Federal Trade Commission issued a final rule to banning noncompete agreements nationwide.

The final rule is slated to take effect 120 days after its publication in the Federal Register, in or about August 2024. The rule is retroactive. Under the FTC’s new rule, existing noncompetes for the vast majority of workers will no longer be enforceable after the rule’s effective date.

However, the recent Supreme Court decision in Loper Bright Enterprises v. Raimondo to overturn the Chevron Doctrine has significant implications for the enforcement of administrative rules, including the FTC's regulations. Lower courts are already issuing injunctions against the FTC's Noncompete Rule.

The Supreme Court’s ruling and the injunction underscores the substantial judicial resistance to the regulation and reflects the broader challenges the FTC faces in implementing the proposed rule.

Why you should Attend: The landmark Supreme Court decision in Loper Bright Enterprises v. Raimondo has profound implications for administrative law and the enforcement of federal regulations. In this session, we will:

• Examine the Chevron Doctrine: Understand the historical significance of the Chevron Doctrine, which granted federal agencies broad discretion in interpreting ambiguous statutes
• Details of the Decision: Dive into the specifics of the Supreme Court's decision to overturn this doctrine, highlighting the rationale and key arguments presented by the justices
• Impact on FTC Regulations: Analyze how the removal of Chevron deference impacts the FTC's ability to enforce its regulations, including the new Noncompete Rule
• Future of Administrative Law: Discuss the broader implications for administrative agencies and the potential shifts in regulatory enforcement and judicial review

Areas Covered in the Session:

• Overview of Fair Trade Commission Act
• Purview, Jurisdiction and Authority of the Fair Trade Commission
• Review of Unfair Methods of Competition
• New Ban on Non-Compete Agreements
• Special Rules for Senior Executives
• Notice Requirements
• Exceptions
• Legal Challenges
• Examination of the Chevron Doctrine’s Historical significance of the Chevron Doctrine, which granted federal agencies broad discretion in interpreting ambiguous statutes
• Analysis of the Supreme Court's decision in Loper Bright Enterprises v. Raimondo to overturn the Chevron Doctrine
• Analysis of How the Removal of Chevron Deference Impacts the FTC's Ability to Enforce Its Regulations, Including the New Noncompete Rule
• Model Language to Workers
• Alternatives to Noncompetes

Who Will Benefit:

• Whether you are an employer
• Human Resources professional
• Supervisor or in-house counsel seeking to create a supportive workplace culture or an employee navigating the dynamics of all the recent changes to Labor & Employment Law
• This class will provide valuable insights and practical guidance