Are Wisconsin Noncompete Contracts Legal in 2024?
Posted on September 11,2024 in Business Law
Noncompete agreements are contracts between employers and employees that restrict the employee’s ability to work for a competing business or start a competing company for a certain period of time after their employment ends. These agreements can help protect a business’s trade secrets, customer relationships, and other confidential information. However, there has been growing concern that noncompete agreements unfairly limit workers’ ability to seek new
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Attorney Clementine Uwabera to Speak to Local and National Audiences during Upcoming Engagements
Attorney Clementine Uwabera speaks in Dane County Circuit Court and during ALFA International seminar in the coming week
Attorney Clementine Uwabera will speak on Friday, September 6, at the Dane County Courthouse, moving the court to swear in Judge Payal Khandhar, who was recently appointed a Dane County Circuit Court Branch 2 Judge by Governor Tony Evers. Clementine will also speak on non-competes, trade secrets, and confidentiality with a panel of ALFA International attorneys during the organization’s annual
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Navigating workers’ compensation for psychological injuries
When people think of workers’ compensation, they often imagine physical injuries. However, psychological injuries—such as anxiety or depression—can also occur due to work-related situations.
As such, employees may be eligible for workers’ compensation for job-related, psychological injuries. Understanding how workers’ compensation applies to these situations helps employees receive fair compensation.
Proving a psychological injury
Proving a psychological injury can be more challenging than proving a physical one. The employee must demonstrate their mental health condition arose out of the
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New Challenge to Act 10 Overcomes Dismissal and Appears Headed for State Supreme Court
In November 2023, seven unions filed suit in Dane County Circuit Court returning to do battle against a familiar foe: 2011 Wisconsin Act 10. The suit seeks to have Act 10 blocked, arguing that it violates the Wisconsin Constitution’s equal protection clause. On July 3, 2024, the court rejected a motion to dismiss the case and “declare[d] those provisions of [Act 10] relating to collective bargaining modifications unconstitutional and void.” The battle over Act 10 is, perhaps unsurprisingly, far
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Noncompete Ban Blocked: What It Means for Your Business
In a recent legal development, a federal judge in Texas has ruled against a proposed rule by the U.S. Federal Trade Commission (FTC) that would have banned noncompete agreements. This decision is particularly relevant for business owners, employers, and high-earning employees, as it directly impacts how businesses can protect their interests.
What Are Noncompete Agreements?
Noncompete agreements are contracts that prevent employees from working for competitors or starting similar businesses for a certain period after leaving their current employer.
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Last-Minute Ruling Saves Non-Competes
Confused about what is going on in the land of non-competes? You’re not alone.
In short:
- April 23, 2024: the Federal Trade Commission (FTC) adopts a rule banning non-compete clauses (the “FTC Rule”), originally set to go into effect September 4, 2024.
- Also on April 23, 2024: Ryan, LLC, a tax firm in Texas, filed a lawsuit in federal court in the Northern District of Texas, challenging the FTC Rule.
- April 25, 2024: ATS Tree Services, LLC filed a
Federal Court Strikes Down FTC’s Ban On Non-Competes
On August 20, 2024 the federal district court for the Northern District of Texas struck down the Federal Trade Commission’s ban on non-compete agreements, which was set to take effect on September 4, 2024. The court had previously granted relief from the FTC rule only for the plaintiffs in Ryan LLC v. Federal Trade Commission. However, this week’s ruling provides that the FTC cannot enforce the rule against any employer in the country, and the rule will not go
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FTC Non-Compete Ban Struck Down
A federal court judge has issued an injunction barring the Federal Trade Commission from implementing its non-compete rule slated to go into effect on September 4, 2024. The FTC rule banned most non-compete clauses in employment agreements and required, among other things, that employers provide all employees subject to a non-compete clause with notice that the employer could no longer enforce it. The FTC rule is now a nullity unless the FTC successfully appeals the ruling, which could take
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FTC Non-Compete Rule Struck Down
By: Sally A. Piefer / August 21, 2024
As we indicated in our April 2024 E-Alert, earlier this year the FTC issued a Final Rule which would have made nearly all non-compete agreements unenforceable. The Final Rule was slated to go into effect on September 4, 2024. In addition to making most non-competes illegal, the Final Rule required employers to provide written notice to employees who were subject to the offending non-compete agreements.
Almost immediately lawsuits were filed
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Court Strikes Down Nationwide FTC Final Rule Banning Nearly All Non-Competes
Employers across the U.S. can breathe a sigh of relief. A federal court in Dallas, Texas stopped the Federal Trade Commission’s Final Rule banning almost all non-competition agreements. The case is Ryan LLC v. Chamber of the United States of America et al. (N.D. Tex., Case No. 3:24-cv-00986-E; Documents 211 [opinion] and 212 [final judgment]). Although an appeal by the FTC is likely, employers can stop worrying about the September 4th effective date of the Final Rule, which is
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FTC Non-Compete Ban Enjoined Nationwide
On Tuesday, August 20, 2024, a Texas federal judge issued a nationwide injunction prohibiting the Federal Trade Commission from enforcing its rule banning non-compete clauses. The ruling states that the agency “lacks statutory authority” to enact the rule and that the rule is “unreasonably overbroad without a reasonable explanation.” The FTC has the option of appealing the decision to the Fifth Circuit Court of Appeals. We will continue to monitor developments on this matter.
So, at least for now,
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Breaking News: Federal Court Halts FTC Noncompete Ban!
Today, a federal court judge in Dallas, Texas, ruled the Federal Trade Commission went too far in issuing its nationwide noncompete ban that was set to become effective September 4, 2024. We anticipate the FTC will appeal and will update you as we know more. In the meantime, do not hesitate to contact the Employment & Benefits Team for more information about the proposed rule and how this may affect your business.
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Lindner & Marsack, S.C., Announces 2025 Super Lawyers and Best Lawyers Designations
Lindner & Marsack, S.C., a leading management-side labor, employment, and worker’s compensation defense firm, is proud to announce that several of its attorneys have been recognized by Super Lawyers magazine and Best Lawyers in America for 2025. These distinctions highlight the exceptional work and dedication our team brings to supporting employers throughout Wisconsin and beyond.
The attorneys recognized in this year’s Super Lawyers and Best Lawyers lists include:
Douglas M. Feldman: Workers’ Compensation Law – Employers
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Lindner & Marsack, S.C., Announces 2025 Best Lawyers Designations
Lindner & Marsack, S.C., a leading management-side labor, employment, and worker’s compensation defense firm, is proud to announce that several of its attorneys have been recognized by Super Lawyers magazine and Best Lawyers in America for 2025. These distinctions highlight the exceptional work and dedication our team brings to supporting employers throughout Wisconsin and beyond.
The attorneys recognized in this year’s Best Lawyers lists include:
Douglas M. Feldman: Workers’ Compensation Law – Employers
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Daniel J.
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Wisconsin Worker’s Compensation Forum Registration Now Open!
Please join us for the 2024 Wisconsin Worker’s Compensation Forum on October 2 and 3, 2024, at the Brookfield Conference Center. In addition to programming, the event offers networking opportunities, an exhibitor hall, attendee giveaways, and the popular happy hours!
Lindner & Marsack is one of the founding members of the Wisconsin Worker’s Forum and our own Chelsie Springstead sits on the Forum Board.
If you are unable to attend in person, a virtual option will
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What Employers Should Do Regarding the Looming Effective Date of the FTC’s Non-Compete Ban
As discussed previously, the Federal Trade Commission published a rule banning “non-compete clauses” in almost all cases involving employees, independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide services to a person.
The rule is currently scheduled to go into effect on September 4, 2024. If the rule goes into effect, the majority of employers would not be permitted to enter into new non-compete clauses with any employees and will need to notify non-senior executives with
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