September 4th is Approaching!

September 4^th is rapidly approaching.  Why is that date important?  If you forgot, that’s when the FTC non-compete regulation goes into effect.  There are a number of lawsuits, but none thus far have caused a change. 

On July 23^rd, the Eastern District of PA ruled against the Plaintiff’s motion for a nationwide injunction in ATS Tree Services v. FTC.  Conversely, in the Eastern District of Texas, the motion (Ryan, LLC v FTC) for a preliminary injunction was partially granted for one Plaintiff staying the effective date of the FTC non-compete rule.  However, the Court also blocked the request for a nationwide injunction because the Plaintiffs had not sufficiently briefed the issue.  Importantly, the Ryan court intends to issue a ruling on the merits of the case by August 30^th.  There are also a number of other cases where there have been limited injunctions granted as well, so stay tuned. 

What does that mean for the rest of us?  The September 4^th compliance date still sticks.  If you need guidance on the FTC Rule, check out this link.    It will be interesting to see how employers and employees (past, present and future) navigate this new regulation. 

“If you have ten thousand regulations you destroy all respect for the law.”  Winston Churchill
 
   Other items of interest:

• Inflation, Taxes Highlight Problems and Priorities Survey (nfib.com)
• Op-ed Highlights Burdens of Beneficial Ownership Reporting (nfib.com)
• Securing Your Small Business: Privacy and Data Security – NFIB (Webinar)
• How the Connelly Case Could Impact Your Company Stock Redemptions (troutcpa.com)
• Disproportionate Distributions Won’t Automatically Terminate S Status (Tax Forum)
• More Salaried Workers Eligible for Overtime Pay Under DOL’s New Overtime Rule (eisneramper.com)
• Why Do Cyberattacks Happen? Motives & Prevention | EisnerAmper
• Compensation Philosophy & Strategy: The Art and the Science | Stambaugh Ness (8/20; 2-3pm)

As always, please don’t hesitate to email myself (jsanders@mpl-law.com), Andy Miller (amiller@mpl-law.com), Christian Miller (cmiller@mpl-law.com), Erik Spurlin (espurlin@mpl-law.com), Brad Leber (bleber@mpl-law.com) or anyone in our office with questions or comments.   

Please see all of our prior updates at this link or if you would like to be added to our email list, please click here.