Suggestions
Brendan J. Nicholls, SHRM-SCP, HCMQA
President of HRA of Greater Oak Brook SHRM | Finance Director Illinois SHRM | Principal HCM Consultant at Paycor
Brendan J. Nicholls, SHRM-SCP, HCMQA, is a dedicated professional with a strong focus on staying updated with emerging workforce trends to guide CEOs and Human Resource Executives proactively. With a commitment to being a strategic partner rather than just a vendor, Brendan's expertise lies in providing thoughtful insights and navigating through complex situations in the HR realm. Holding the prestigious SHRM-SCP certification and playing a leadership role in the SHRM community, Brendan aims to advocate for the importance of HR support and provide valuable resources for HR Technology enhancements.
With a Bachelor's degree in Marketing from Appalachian State University, Brendan's educational background complements his extensive professional experience. Having held prominent positions in various organizations, including Director of Finance at Illinois SHRM State Council, Principal HCM Sales Consultant at Paycor, President at HRA of Greater Oak Brook SHRM, Director Of Communications at Illinois SHRM State Council, Vice President Employee Benefits at HUB International, Brendan has a proven track record of success in HR and sales consultancy roles.
Brendan J. Nicholls has also showcased his skills as a Strategic Account Manager at BMC Software, Senior Enterprise Consultant at Paychex, Area Sales Manager at PrimePay, Senior Account Executive at PrimePay, and Sales Consultant at Prestige Office Products, Inc. His diverse professional background equips him with the knowledge and proficiency to offer valuable insights and assistance in areas such as HR Technology redesign, HRIS exploration, and engagement with National or Local SHRM initiatives.
Highlights
𝐅𝐓𝐂 𝐁𝐚𝐧 𝐨𝐧 𝐍𝐨𝐧-𝐂𝐨𝐦𝐩𝐞𝐭𝐞𝐬: 𝐖𝐡𝐚𝐭 𝐇𝐑 𝐍𝐞𝐞𝐝𝐬 𝐭𝐨 𝐊𝐧𝐨𝐰
Ahead of the September 4th, 2024, effective date, Judge Ada Brown of the U.S. District Court for the Northern District of Texas ruled against the FTC’s ban on noncompete agreements on August 21, 2024.
In the case of Ryan LLC v. FTC of the Northern District of Texas, Judge Brown ruled for Ryan (a leading global tax services and software provider) and against the Federal Trade Commission (FTC), invalidating the FTC's ban on non-compete agreements.
You can access the case here: https://lnkd.in/ejRyStcN 𝐓𝐡𝐞 𝐫𝐮𝐥𝐢𝐧𝐠 𝐰𝐚𝐬 𝐛𝐚𝐬𝐞𝐝 𝐨𝐧 𝐭𝐰𝐨 𝐤𝐞𝐲 𝐚𝐫𝐠𝐮𝐦𝐞𝐧𝐭𝐬:
- The FTC didn’t have the authority to issue the rule because Congress only permitted it to issue "procedural rules" to address unfair methods of competition, not "substantive rules."
- The rule itself was “arbitrary and capricious” for the following reasons:
- Too broad without a reasonable explanation.
- It would impose a one-size-fits-all approach with no end date.
- No state in the country has enacted a non-compete ban as broad as the FTC’s rule.
- Challenged why the rule didn’t target specific, harmful non-competes instead of taking a blanket approach.
- The FTC overlooked the positive benefits of non-competes
- The FTC didn't sufficiently consider potential alternatives rather than a nationwide ban on just about every non-compete. While the ruling is huge setback for the FTC, the agency may appeal the decision and be heard by the 5th Circuit Court of Appeals which could change the result. 𝐖𝐡𝐚𝐭 𝐬𝐡𝐨𝐮𝐥𝐝 𝐇𝐑 𝐝𝐨 𝐧𝐨𝐰?
- Relax! We are now back where we started, where state-specific restrictions apply, and you can continue to have non-compete restrictions as a strategy for protecting key relationships and confidential information.
- Use this time to ensure your existing non-competes are tailored to meet the state laws in which you operate and that you are restricting their use to critical employees. Keep in mind the FTC can continue to address non-competes through more targeted case-by-case enforcement actions.
- Consider gathering an inventory of all existing restrictive covenant agreements, including those that bind former workers. There is a tiny chance that an appeals court could bring the non-compete ban back, and as a result you should revise any employment agreements or consulting contract templates to remove references to non-compete clauses. Also, examine your equity-related non-competes so the FTC cannot conclude that they arise from the employment relationship. If you have any questions, tips for your peers, or comments, please share below!
#HumanResources #Compliance #Noncompetes #EmploymentLaw #HR #SHRM #FTC
You're invited to join us next week for two great events through the HRA of Greater Oak Brook SHRM to help you develop professionally while helping you build out your HR network!
"𝗟𝗶𝘀𝘁𝗲𝗻 𝗟𝗶𝗸𝗲 𝗬𝗼𝘂 𝗠𝗲𝗮𝗻 𝗜𝘁: 𝗘𝗳𝗳𝗲𝗰𝘁𝗶𝘃𝗲 𝗟𝗶𝘀𝘁𝗲𝗻𝗶𝗻𝗴 𝟭𝟬𝟭" presented by Tiffany Olson! Approved for 1.5 SHRM/HRCI credits.
When? Tuesday August 13th from 8:00 am - 9:30 am at Maggiano's Little Italy in Oak Brook.
How to register for either in-person or virtual: https://lnkd.in/eZ9_3VX8
Description: When 1,000 human resource executives were asked to identify skills of the ideal manager, the “ability to listen effectively” ranked at the top of the list. Effective listening is an essential skill that everyone should cultivate. This workshop will help participants identify the difference between hearing and active listening. Learn the stages of the listening process and identify areas where that process breaks down. Gain insights into your own strengths and weaknesses and be equipped with practical tools and exercises to be a better listener and level up your communication skills.
𝗝𝗼𝗶𝗻 𝘁𝗵𝗲 𝗛𝗥𝗔 𝗼𝗳 𝗚𝗿𝗲𝗮𝘁𝗲𝗿 𝗢𝗮𝗸 𝗕𝗿𝗼𝗼𝗸 𝗳𝗼𝗿 𝗼𝘂𝗿 𝗦𝘂𝗺𝗺𝗲𝗿 𝗦𝗼𝗰𝗶𝗮𝗹 𝗮𝘁 𝗣𝗶𝗻𝘀𝘁𝗿𝗶𝗽𝗲𝘀 𝗶𝗻 𝗢𝗮𝗸 𝗕𝗿𝗼𝗼𝗸 𝗳𝗿𝗼𝗺 𝟱:𝟬𝟬 𝗽𝗺-𝟳:𝟯𝟬 𝗽𝗺!
When? Thursday August 15th from 5:00 pm - 7:30 pm at Pinstripes Oak Brook.
How to register: https://lnkd.in/etXkvub7
Description: This is an opportunity to have fun and expand your professional HR network through our "Post-SHRM" Summer Social! Space will be limited to 50 attendees so be sure to RSVP ahead of time. We will have appetizers and 2 drink tickets for you, and we'll have some fun surprises throughout the evening. Pinstripes is located at 7 Oakbrook Center, Oak Brook, IL 60523. Don't worry if you get there late or have to leave early. This event is for you and however much time you'd like to invest in getting to know your local HRA peers. Thanks for our sponsor, Scott M. Stratton from Western Governors University for sponsoring this event!
Check out our other events here and please let HRA know how we can support your HR journey!
https://lnkd.in/ejRjbiT
Hope to see you there. Have a great day!
