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FTC Proposes Ban on Non-Compete Agreements

By Thomas C. Senter on January 11, 2023
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On January 5, the Federal Trade Commission (FTC) issued an extremely broad Notice of Proposed Rulemaking which, if adopted in its current form, would prohibit nearly all private employers from entering into or enforcing non-compete agreements with their employees. In this Client Alert, our partner Thomas C. Senter outlines key provisions of the proposed rule, including the circumstances under which it would supersede any state laws related to non-compete agreements, New Jersey-specific considerations, and how limited exceptions to the rule in its current form might impact both non-profit and for-profit healthcare sector employers.  

Photo of Thomas C. Senter Thomas C. Senter

Partner

Tom brings broad-based expertise to his representation of clients in the related areas of employee benefits, executive compensation, ERISA, taxation and employment law. He provides sophisticated counsel to middle market publicly and privately held business owners and employers, senior and C-suite executives…

Partner

Tom brings broad-based expertise to his representation of clients in the related areas of employee benefits, executive compensation, ERISA, taxation and employment law. He provides sophisticated counsel to middle market publicly and privately held business owners and employers, senior and C-suite executives, Boards of Directors and Board Committees. He also works closely with finance and human resources executives and external professional advisors and is often engaged by high-level business executives to advise on their personal legal requirements.

Tom provides expertise in the negotiation, structuring and drafting of executive employment and separation agreements. He is deeply experienced in equity and incentive non-equity based qualified and non-qualified retirement and compensation plans, ERISA Title I fiduciary issues, stock option and deferred compensation arrangements, plan distribution, qualification and administration issues, Qualified Domestic Relations Orders (QDROs), and employee health and welfare plans. His practice also includes the drafting of employee handbooks and other employment-related policies.

He advises clients on compliance with Sections 83, 409A and 280G of the Internal Revenue Code, the Affordable Care Act, HIPAA, and COBRA, and represents clients in negotiations related to benefit issues and corrective actions with the Internal Revenue Services, the U.S. Department of Labor, and the Pension Benefit Guaranty Corporation.

Tom also works closely with other attorneys in the firm on business transactions and sophisticated estate planning matters.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

tsenter@greenbaumlaw.com | 732.476.2650 | vCard

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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  • Posted in:
    Antitrust, Competition and Trade, Employment & Labor
  • Blog:
    Healthcare Perspectives
  • Organization:
    Greenbaum, Rowe, Smith & Davis LLP
  • Article: View Original Source

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