BW INSIGHTS

FTC Publishes Final Rule Banning Non-Competes

On May 7, 2024, the Federal Trade Commission (FTC) published a Final Rule banning most post-employment non-competes. The Final Rule becomes effective on September 4, 2024. While the Final Rule faces statutory and constitutional challenges which may potentially delay and even halt the Effective date, employers should still take steps to become... Read More

The FTC Votes to Ban Non-Compete Agreements

In a 3-2 vote, the Federal Trade Commission (“FTC”) issued a new rule (the “Final Rule”) on April 23, 2024, banning virtually all post-employment non-competes in employee-employer contracts. In a highly anticipated decision, the FTC found that non-compete agreements between an employer and employee are unfair competition violating section 5 of the... Read More

Updates to Form I-9 Effective August 1, 2023

The U.S. Citizen and Immigration Services is set to publish a revised Form I-9 on August 1, 2023. The old Form I-9 may be used through October 31, 2023, after which employers will be subject to penalties. The revised Form I-9 follows from the Department of Homeland Security (DHS) recognizing the end of temporary Covid policies that allowed for... Read More

Key Immigration Considerations in Mergers and Acquisitions

Mergers and acquisitions (M&A) have become common strategies for companies seeking growth, market expansion, or increased competitiveness. However, M&A activity is typically complex, high value and long-term in nature. It is therefore vital that both buyer and seller understand the full range of obligations, liabilities, risks and opportunities... Read More

DOL Proposes New Rule to Clarify the Distinction Between an Employee and an Independent Contractor

On October 13, 2022, the U.S. Department of Labor (“DOL”) officially published a new Proposed Rule addressing independent-contractor classification under the federal Fair Labor Standards Act (“FLSA”). The FLSA establishes minimum wage, overtime pay, and recordkeeping standards affecting employees in the private and public sectors. Because... Read More