Chris Holman welcomes back Anthony M. Dalimonte, Attorney, Southfield, MI Foster Swift, serving a half dozen offices statewide. 

There were several things Chris was looking to find out from Anthony in this conversation: Tell us about the new FTC rule banning non-competes?

· FTC voted April 23, 2024 3-2 to publish its final rule banning all non-compete agreements.

· The rule states that non-compete agreements violate Section 5 of the FTC Act. All non-compete agreements signed after the effective date will be illegal and violate federal law.

· FTC defines “non-compete clause” as a term or condition of employment that either “prohibits” a worker from, “penalizes” a worker for, or “functions to prevent” a worker from (A) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (B) operating a business in the United States after the conclusion of the employment that includes the term or condition.

· Effective date is 120 days after the rule is published in the federal register, which has not happened yet so sometime in September.

· All non-compete agreements signed BEFORE the effective date are also unenforceable EXCEPT for non-competes that were signed by “Senior Executives”.

What led to the FTC to vote to approve the final rule 3-2?

· The FTC commissioners voted along party lines, so we knew this was going to be passed. The dissenting republican commissioners sort of previewed the basis for the challenge – that the FTC does not have the authority to make sweeping law changes.

Does the FTC tell us who a senior executive is?

· Senior executive is someone who makes over $151,164 and are in a “policy-making” position.

· FTC says that less than 1% of employees fall into this category. Theory, according to the FTC, is that non-competes are typically less coercive with “senior executives” because more likely to be negotiated and often with the assistance of a lawyer.

If an employee signed a non-compete and they aren’t a senior executive, what happens?

· Non-compete is unenforceable AND employers have to give notice to employees that states they will not enforce any non-compete clause against you.

· FTC provided model language that basically says you may seek to accept a job with any company or person, even if they compete with the company. You may run your own

business, even if it competes with X company. And you may compete with X company following your employment with that employer.

Are there any exceptions?

· This rule does not apply where a person enters into a bona fide sale of a business entity.

· This is a change from the proposed rule that came out last year where the FTC said you have to be selling at least 25% of business.

Is this limited to only non-compete clauses?

· In general, yes.

· BUT the FTC says that if other overly broad clauses that prohibit or penalize a worker or “functions to prevent” a worker from working with someone else or starting their own business after they leave their job could be considered a “non-compete” clause.

· So the FTC says Non-disclosure agreements, confidentiality agreements, non-solicitation agreements are still enforceable. Unless they are so broad and onerous that it acts as a “functional non-compete”. The FTC basically says this is a case by case basis.

Is this going to be challenged?

· Yes, it was challenged almost immediately in the Eastern District of Texas by one business group.. The US Chamber of Commerce also filed a lawsuit, and the Court is likely to join these two lawsuits together. So we will be watching this closely.

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Michigan Business Beat | Anthony M. Dalimonte, Foster Swift: FTC Bans Non-Compete Agreements

Welcome to another exciting episode of the Techshift F9 podcast! IThis week we have a truly inspiring guest, Claudia Curran, the CEO and founder of The Inner Impact.

Claudia's journey is remarkable, spanning nearly two decades in finance before pivoting to executive life coaching. In this episode, she shares her experiences from the dot-com boom, through the global financial crises, and into her new role, emphasizing the importance of cultural fit and mentorship.

Tune in to hear Claudia’s personal story of resilience and adaptability, including the events that led her to discover her true calling. Her insights offer valuable lessons for anyone considering a major career change.

Find out more about Claudia at: https://theinnerimpact.com/

Ep. 44 with Claudia Curran

Bet Betner and Lauren Hodge are President and Secretary of the Houston PetSet Young Executives Board. They are among the very first members of this exciting and motivated group of professionals who are working to support Houston PetSet in our fundraising efforts. Learn about why they got involved, what a Young Executive Board can accomplish, and what to consider if you want to start your own!

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100 % Hustle Podcast 7 – Series of Entrepreneurial Journeys

Host: Vicki Hamilton, Senior Executive with International consulting experience. Founder & CEO of Executive Ideation

Topic: The Power of Perspective; Turning Barriers into Opportunities

Guest: Luann Horobin, Transformation Specialist, Career Acceleration Consultant, Master Coach & NLP Facilitator

Guest Bio:

One of 1600 MCC’s world-wide, with 20+ years of career and transformation expertise, Luann’s custom formula of career and transformation coaching integrates life-altering breakthroughs beyond one’s beliefs and upper limits. Changing mindset programs brings ambitions to life for more meaningful work, conversations, and leadership to be your best self, make better decisions, and live your best life, without stress.

Through neuroscience and master coaching, Executives, Business Leaders and High Performers put zest in their career and life progression without stress

Blog Summary:

Transformation Specialist, Luann, discusses how your perspective can be altered to view unexpected and expected life events as opportunities instead of constraints. She shares how transformation takes courage. By tackling the unknown, you can tap into life changing, positive results. Tune in to hear how a job loss became a milestone in a lifelong career.

Contact info: LinkedIn - Luann Horobin www.masteringyoursavvy.com

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100% Hustle Ep. 7 - Pt. 2 The Power of Perspective; Turning Barriers into Opportunities

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Express Cheer Executives ― Small Senior Two
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Express Cheer Executives: Summit Edit

We unpack the hidden pressures CEOs and Executives face - and why strong leadership doesn’t have to mean going it alone. We share the small rituals and mindset shifts that can help leaders reconnect with purpose, support, and each other. From ego and armour to shared goals and enterprise thinking - this is a must-listen for anyone working with or within Executive teams.

232 - It's Lonely at the Top with Justine Farrington

A podcast dedicated to reinventing your career in the age of technology. Hear from seasoned professionals about their experience and pivot yourself into a great career!

The Home of Business in Michigan. Get on-demand access to audio programs, articles and resources presented by savvy business leaders and industry experts.

We take culture theory and turn it into everyday insights. We're powered by Human Synergistics - a leading consulting, research, and diagnostics firm. 

We're known for growing individual's effectiveness and satisfaction by coaching based on the Lifestyles Inventory (LSI), improving leadership effectiveness with the Management or Leadership Impact (M/I & L/I), develop high performing teams with the Group Styles Inventory (GSI), and shape effective organisational culture using the Organizational Culture inventory (OCI) and Organizational Effectiveness Inventory (OEI).

In this podcast, our senior consultants share tips and insights on from their extensive experience in Organisational Development

DTLR Radio is the ultimate in-store music experience bringing you lifestyle, fashion, music, entertainment news and the hottest events to 240+ DTLR & Villa locations around the US and online at DTLRradio.FM. Here you will find all of our conversations with artists who stopped by our studios.

New tracks tagged #executives