By: Adam S. Chotiner
July 25, 2024
In the latest twist, on July 23, 2024, a federal judge in Pennsylvania upheld the FTC’s authority to issue the non-compete rule and refused to block it from going into effect on September 4. In short, this latest judicial ruling reached the exact opposite conclusion of the Texas judge’s July 3 ruling. Interestingly, the Pennsylvania judge did not analyze the Texas judge’s contrary decision.
Both of these competing judicial rulings are sure to be appealed, and it is entirely possible that a conclusive ruling will ultimately require a decision from the U.S. Supreme Court.
For now, employers should still be preparing in the event the new non-compete rule is implemented.
The Labor and Employment Law Practice Group at Shapiro, Blasi, Wasserman & Hermann advises businesses of all sizes on employment law compliance and provides creative and effective defensive approaches when claims are asserted. Each situation is different and this article does not constitute legal advice. Please do not hesitate to contact Adam S. Chotiner at achotiner@sbwh.law or (561) 477-7800, or visit our website at www.sbwh.law.
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