Regulatory

Non-compete agreements have been in the news lately because the FTC “banned” them.  Yeah, it was in the boring section in the news, but I know I’m not the only one who saw it – as we’ve had questions. First, the FTC issued a final rule. That’s an administrative rule, not a law, but lots and lots of rules have a big impact. Don’t believe me? The IRS, FCC, and FDA are all rule machines. I’m guessing you
Continue Reading Can’t Compete With Confusion

Non-compete agreements in Illinois may be up in the air due to recent and future rulings. The recent decision by the Federal Trade Commission (FTC) to ban non-compete agreements nationwide sent shockwaves through the American workforce. While this ruling has significant implications, the situation for Illinois employers and employees remains somewhat murky. Here’s a breakdown of what you need to know:
The FTC’s Non-Compete Ban: A National Shakeup
The FTC voted to enact a rule prohibiting employers from imposing
Continue Reading Non-Compete Agreements in Illinois

Attorneys Erin Deeley, Matthew Fisher, and Isaac Brodkey will present “Wisconsin’s Fair Dealership Law: 50 Years and Counting 2024” to an audience registered through the State Bar of Wisconsin. The presentation will give an overview, key developments since 1974, the current landscape of WFDL decisions and developments, and open WFDL issues that could be addressed in the future. Attendees will also learn about:

  • The purposes of the WFDL
  • What qualifies as a dealership?
  • What qualifies as a


Continue Reading Stafford Rosenbaum Attorneys Present on Wisconsin Fair Dealership Law for State Bar CLE

The Federal Trade Commission has issued its final Non-compete Rule, imposing a nationwide ban on non-compete clauses in employment agreements. Unless legal challenges to the Non-compete Rule are successful, the Rule will go into effect in August of 2024. Although the Rule will nullify traditional non-compete clauses, it does not ban non-disclosure clauses or employee non-solicitation clauses. In addition, the Rule does not affect non-compete clauses entered as part of a bona fide sale of an equity interest
Continue Reading The FTC Non-compete Rule – Six Takeaways

On April 23, 2024, the Department of Labor (DOL) issued its final overtime rule, which raised the annual salary required for certain employees to be exempt from overtime under the Fair Labor Standards Act (FLSA).  While this rule will likely face legal challenges, it is scheduled to go into effect on July 1, 2024.

As a general rule, unless certain exemptions apply, employees who work more than forty (40) hours in a workweek must be paid overtime.  This new
Continue Reading Department of Labor (DOL) Issues its Final Overtime Rule

Non-compete and non-solicitation agreements are relatively commonplace in the employment context. However, these agreements have been under increasing attack by state legislatures across the country. Shortly after President Biden took office, he issued an Executive Order on Promoting Competition in the American Economy and encouraged the Federal Trade Commission (FTC) to ban or limit non-compete agreements.

The FTC stated in a virtual workshop on competition later that year that it believed non-competes constitute an unfair method of competition. Last
Continue Reading FTC Issues Final Rule Banning Employment-Related Non-Compete Agreements. What’s Next?

April 24, 2024

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. The regulation will go into effect on June 18, 2024.

By way of background, the PWFA requires covered employers to provide a “reasonable accommodation” to a qualified employees’ or applicants’ known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical
Continue Reading EEOC Guidance on How to Navigate the Pregnant Workers Fairness Act

On Tuesday, April 23, 2024, the Federal Trade Commission (the “FTC”) issued its long-awaited Non-Compete Clause Rule (the “final rule”). The final rule prohibits non-compete clauses as an unfair method of restraining competition under the Federal Trade Commission Act (“FTC Act”). The broad scope of the final rule extends to all workers, whether paid or unpaid, including, employees, independent contractors, interns, externs, volunteers, and apprentices.

The final rule follows the FTC’s proposed rule from January 2023 and ongoing conversations
Continue Reading FTC Issues Final Rule Banning Non-Competes

The administrative agencies are having a busy week! In addition to the DOL issuing an updated rule on the salary basis to be overtime exempt, on Tuesday, April 23, 2024, the Federal Trade Commission voted 3-2 on its long-awaited non-compete ban, which was initially issued as a proposed rule in January 2023. The FTC estimates that this rule will affect 2,301,874 employees in Wisconsin and increase wages of each of those employees by $524 annually.

Under the FTC’s
Continue Reading Employment LawScene Alert: FTC Bans Employee Non-Competes, but Legal Challenges Expected

Federal Trade Commission bans most non-compete agreements in employment contracts
On April 23, 2024, the Federal Trade Commission approved a Final Rule that bans almost any agreement that restricts where a worker may work after he or she leaves his or her current employer. Such an agreement is a non-competition agreement. The Final Rule is effective 120 days after publication in the Federal Register absent a successful legal challenge. We anticipate legal challenges to be filed very soon.
Continue Reading FTC Voted to Ban Almost All Non-Competition Agreements

Today the Department of Labor issued its long-awaited rule raising the fixed salary requirements for employees in the executive, professional, and administrative exemption categories (EAP) and increasing the standard salary level and the total annual compensation requirement for highly compensated employees (HCE). (Note that the State of Wisconsin does not recognize the HCE exemption, so that is not applicable to Wisconsin employees.)

  • On July 1, 2024, the standard salary level for EAP will equal $844 per week and HCE


Continue Reading Breaking News: FTC Finalizes Nationwide Noncompete Ban

Join Stafford Rosenbaum in watching the film Bad River, in theatres from March 15-20, 2024. The movie documents the Bad River Band’s ongoing fight for sovereignty against Canadian energy company Enbridge.

The movie will play at AMC Fitchburg 18, Ashland Bay Cinema 6, and at select theatres across the country. 50% of all profits from the film will be donated to the Bad River Band. More information on the Band and the litigation is below. For more information on
Continue Reading In Theatres this March: Bad River Film

Recently, in June 2023, the Wisconsin Assembly passed Assembly Bill 304 (the bill is numbered SB 332 in the Wisconsin Senate). That bill makes several significant changes to how the state regulates its storied and substantial alcohol industry. The proposed law affects nearly every level of the Wisconsin alcohol industry from the licensing, producing, selling, and distribution of alcoholic beverages. For instance, bartenders will now have to be licensed by the state instead of by their local municipality.

Navigating
Continue Reading Wisconsin’s Proposed Alcohol Regulations: Major Reforms Impacting the Industry

Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban.  Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s proposed rule?

Dear Reader, Yes we can! See our answers to some frequently asked questions below!

When will the proposed ban go into effect? First of all, there may be legal challenges (is anyone else having deja vu?).  As
Continue Reading FTC’s Non-Compete Proposal: FAQ

On August 26, 2022, the United States Environmental Protection Agency (EPA) posted on their website a “Pre-Publication Notice” that discussed its intent to list two PFAS compounds as “hazardous substances” under the “Comprehensive Environmental Response Compensation & Liability Act” (CERCLA), also known as the “Superfund” law. PFAS is an acronym for per- and polyfluorolalkyl substances, which are chemicals that were widely used from the 1960s to the early 2000s in the manufacture of a variety of consumer products, such
Continue Reading Important PFAS Updates from the EPA and the Wisconsin DNR

Due to the increase in the cost of gasoline since establishing the 2022 rates last year, the Internal Revenue Service is increasing mid-year the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses.  Effective July 1, 2022, the optional standard mileage rates will be 62.5 cents per mile for business transportation, and 22 cents per mile for travel relating to medical and moving transportation expenses. These increased mileage rates
Continue Reading Pain at the Pump: IRS Announces Mid-Year Adjustment of Business and Medical Mileage Rates