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Federal Trade Commission Prohibits Non-Competes: What Should Employers Do Now?

Authors: Gregory R. Begg,

Published Date: May 15, 2024

Effective September 4, 2024, non-compete agreements with all employees, including senior executives, will be prohibited by a new Federal Trade Commission (FTC) rule. However, non-compete agreements for certain senior executives entered into before September 4, 2024, and non-compete agreements connected to an individual’s sale of a business, will remain enforceable. The FTC’s Non-Compete Clause Rule reflects a sentiment expressed by [...] Read More

Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements

Published Date: May 6, 2024

This article was written for the Texas Contractor and first appeared here. Imagine a project where you are unable to reach final completion due to an unresolved subcontractor claim. If the project owner is responsible for the claim, and both the owner and subcontractor are entrenched in their positions, how would you resolve this dispute? The default option is a three-party [...] Read More

United States Department of Labor Finalizes Independent Contractor Rule

Published Date: April 17, 2024

On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act.[1] The rule addresses how to determine whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act and overturns the March 8, [...] Read More

Balancing Risk and Reward: The Complexities of Stadium Construction Projects

Published Date: April 10, 2024

This article was written for the Engineering News-Record and first appeared here. From grand designs to opening day, stadium construction projects present a captivating blend of high-profile opportunities and significant challenges and risks. Navigating this complex landscape is not easy, but when managed properly, the potential rewards, both in terms of reputation and finances, can make it a gamble worth [...] Read More

It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract

Authors: Alan Winkler,

Published Date: March 20, 2024

This article was written for the ConsensusDocs newsletter and first appeared here. It is fairly common for a construction contract to include a provision requiring the contractor to perform some level of review of the plans and specifications and perhaps other contract documents as part of their responsibilities. Typically, this provision is found in a section of the contract on [...] Read More