by Debbie L. Berman, Andrew W. Vail, Aaron J. Hersh, and Amit B. Patel

Eighteen state attorneys general are increasing their activism, looking for additional tools to challenge employers’ restrictions on employees.  In addition to potential state law tools, they now are urging the Federal Trade Commission to increase antitrust enforcement to try to invalidate or severely limit the use of non-compete agreements, no-poach agreements and merger activity.  Employers should take note that government enforcers may be increasingly focused not just on antitrust issues affecting consumers, but also as they relate to the marketplace for workers. Continue reading →