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Everything you need to know about BMD and the industry.

Nationwide Ban on Non-Compete Agreements: Requirements and Texas Court Decision Explained

Multimedia, Client Alert

Watch this Employment Law After Hours video to find out about the Federal Trade Commission’s (FTC) groundbreaking Final Rule that bans non-compete agreements nationwide. This video also explores the recent decision by the Northern District of Texas to enjoin and delay the implementation and enforcement of the Final Rule banning non-compete agreements nationwide.

This video covers:

  • Overview of the FTC’s Final Rule on non-compete agreements
  • Implications for employers and employees across the U.S.
  • Analysis of the Northern District of Texas’ injunction
  • Potential future developments and what they mean for you

Employment Law After Hours published a YouTube Podcast further explaining these statutes and their requirements. Click below to view the episode featuring BMD Labor & Employment Partner, Bryan Meek

For more information, contact Bryan at bmeek@bmdllc.com or 330.253.5586.


The End of Non-Competes? The Impact It Will Have on the Healthcare Industry

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”

2022 Healthcare Recap and 2023 Healthcare Check-Up

As the country begins to return to a new “normal” following the COVID-19 pandemic, there are many healthcare rules changing on both the federal and state levels as a result. Thus, it is important for healthcare providers and their employers to be aware of these changing rules, and any implications they may have on their practice. Look back on healthcare in 2022 and find a checklist for 2023.

Direct Support Professional Retention Payments

On December 15, the Ohio Senate and House passed House Bill 45, which authorizes the Department of Developmental Disabilities (DODD), in conjunction with the county boards of developmental disabilities, to launch their initiative to issue retention payments to Direct Support Professionals (DSPs). These retention payments will be distributed quarterly to participating home and community-based waiver providers to address the workforce crisis in the direct provider sector. Governor DeWine needs to sign the Bill to begin the payments, but he is expected to do so by the end of 2022.

Real Estate Investors Position for 2023 Opportunities

Real estate investors weathered another year in a post-pandemic world, with the year closing with yet another interest rate increase coupled with both uncertainty and heightened interest carrying into 2023. Just last Wednesday, the Federal Reserve raised its benchmark interest rate 0.50 percentage points, shifting the target range to 4.25% to 4.50%. The new level is the highest the fed funds rate has been since December 2007 and marks the seventh rate hike this year. So what does this mean to investors, brokers, lenders, and others in the real estate world? Read a few perspectives below from stakeholders familiar with our BMD clients and the markets in which they do business.

Five Major Trends for Employers to Watch Out For in 2023

Five Major Trends for Employers to Watch Out For in 2023: Major changes may be on the horizon for noncompete clauses. The EEOC is gearing up to file more discrimination lawsuits against employers. The Department of Labor is poised to raise the salary threshold for exempt employees under the FLSA. Unionization momentum may slow in 2023. ESG is the new norm to attract and retain talent.