Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

On January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking to prohibit noncompete agreements nationwide. Warner Norcross + Judd LLP summarized the proposed rule <a href="https://www.wnj.com/updates/ftc-issues-notice-of-proposed-rulemaking-to-prohibit-noncompete-clauses/" target="_blank" rel="noreferrer noopener"><strong>here</strong></a>.

core/paragraph

On April 19, 2023, Michigan Attorney General Dana Nessel joined attorney generals from sixteen other states and the District of Columbia in a <a href="https://oag.dc.gov/sites/default/files/2023-04/2023.04.19%20State%20AGs%20FTC%20Comment%20-%20Final.pdf" target="_blank" rel="noreferrer noopener"><strong>letter</strong></a> supporting the FTC’s proposed rule. In that letter, the State AGs, as they refer to themselves, argued that the proposed rule will benefit workers and support fair competition among businesses. They also argued that it would clarify issues of law by (a) yielding predictable results in states without noncompete statutes and (b) by resolving issues and conflicts surrounding how different states treat noncompete agreements.

The State AGs also offered multiple recommendations to the FTC including that the definition of “worker” under the rule be broad enough to encompass employees who are allegedly misclassified as “franchisees” and that the rule be written in such a manner so as not to preempt state laws that provide workers similar or broader protections.

This letter comes in the wake of a countrywide push to narrow or even ban noncompete agreements. Even without a decision from the FTC, Michigan’s legislature is looking at this possibility under 2023 House Bill No. 4399 and 2023 Senate Bill No. 143, though these bills are only in the preliminary stages of consideration.

If you have questions about the FTC’s proposed rule, the proposed bills in front of Michigan’s legislature or how these may affect your existing employment and noncompete agreements, please reach out to Andrea Bernard, Scott Carvo, Dean Pacific, Jon Kok or Jarrod Trombley.

Partner

Andrea J. Bernard

Scott R. Carvo

Jonathan P. “Jon” Kok

Dean F. Pacific

Associate

Jarrod H. Trombley

Employment Litigation

Government Advocacy and Affairs

Labor and Employment

Litigation and Dispute Resolution

Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000. 

Michigan Attorney General Supports FTC’s Proposed Ban on Noncompete Agreements

professionals