Nationwide Block of the FTC’s Non-Compete Rule
On August 20, 2024, the U.S. District Court for the Northern District of Texas effectively blocked the Federal Trade Commission’s non-compete rule from taking effect. The rule, scheduled to go into effect on September 4, was challenged in federal courts in Texas, Florida and Pennsylvania by various business groups who argued that non-competes are needed to protect business relationships, trade secrets, and other intangible investments. Throughout the summer, inconsistent rulings by these district courts created uncertainty for employers as to whether non-competes would be restricted on a national level.
In Ryan, LLC v. FTC, the Texas court cleared up the ambiguity (at least temporarily) when it concluded that the FTC’s non-compete rule exceeded the agency’s authority and was arbitrary and capricious. The court declared that the rule be set aside, and not enforced on a national level. (See the court’s Memorandum Opinion and Order for more details).
We anticipate that the FTC will appeal the decision to the U.S. Court of Appeals for the Fifth Circuit. However, in the meantime, employers may continue to enforce their non-competes, in accordance with state law, and are no longer required to notify current and former employees that their non-competes are unenforceable.
Martin Browne, will continue to monitor this topic and provide updates as necessary. Our attorneys are on hand to answer your questions and provide guidance on how to navigate your employment-related issues. Please contact Shannon Wahl, Randall Comer, or Steve McCready of Martin Browne’s Labor & Employment Practice group.
This post is not intended as a substitute for professional legal advice. If you have any questions about this information, please contact an attorney at Martin, Browne, Hull & Harper, P.L.L. at 937-324-5541.
Downtown Urbana Welcomes “DORA”
The Urbana City Council approved a DORA (Designated Outdoor Refreshment Area) for Downtown Urbana and this move was recently welcomed by downtown businesses and local community groups with a ribbon cutting ceremony. The overall purpose of a DORA is to enhance commerce in the downtown business district. Attending the ceremony was MBHH Urbana’s Kara Stephens, who is also a board member of Monument Square District, Inc. For more information on DORA for Downtown Urbana, please click here.
Ohio Bar’s 25 Mile Challenge for Mental Wellness
Team Martin Browne was victorious in the recent OSBA challenge – our team of 12 members (comprised of attorneys, staff & friends of the firm) – had a last-minute surge and overcame our closest challenger, Team Ohio Bar, with 23 team members. Martin Browne ended the month of May with 2,502.3 miles and Ohio Bar finished with 2,055.30 miles. Team Martin Browne was led by Attorney Randall Comer and his biking prowess – he was the top individual participant with 552.9 miles. Attorney Dina Cary was also very competitive and pulled out a 2nd place finish! Rounding out the top ten were 4 more members of Team Martin Browne. All our team members went above and beyond the 25-mile challenge.
Two Martin Browne Attorneys Named to 2023 Super Lawyers
Martin, Browne, Hull & Harper, PLL announces the selection of two partners to the 2023 Ohio Super Lawyers list. Randall M. Comer has received the 2023 Super Lawyer distinction as a top-rated Employment & Labor Attorney in Springfield Ohio. Attorney Comer was previously selected to Super Lawyers in 2011-2013 and 2017-2022. He was also named a Rising Star in 2005.
Daniel L. Bey was again named an Ohio Rising Star in 2023, after previously being selected for the same honor in 2019-2022. Attorney Bey is a top-rated Real Estate Attorney in Urbana, Ohio.
Super Lawyers is a rating service that recognizes outstanding lawyers from more than 70 practice areas. Selected individuals have achieved a high level of peer recognition as well as professional success throughout their practice. Throughout the years, Martin Browne has had several attorneys receive these honors from Super Lawyers.
Employment Law Legal Update: U.S. Department of Labor Increased OSHA Civil Penalties for 2023
The Occupational Safety and Health Administration (“OSHA”) recently increased its civil monetary penalties. As of January 17, 2023, OSHA’s maximum penalties were increased as follows:
- Penalties for “serious” and “other-than-serious” violations were increased from $14,502 per violation to $15,625 per violation.
- Penalties for willful or repeated violations were increased from $145,027 per violation to $156,259 per violation.
As always, we hope that you avoid any workplace incidents that might result in OSHA penalties. Accordingly, please continue to operate safely and remain diligent in complying with all applicable laws and regulations to avoid these increased penalties.
Should you have any questions, Attorneys Randall Comer, Shannon Wahl, Benjamin Noll, or any of our other experienced attorneys would be happy to speak with you.
The information contained in this legal update is not intended as a substitute for professional legal advice and its receipt does not constitute an attorney-client relationship.