Suggestions
Brendan Nicholls
President of HRA of Greater Oak Brook SHRM - Communications Director Illinois SHRM - Senior HRIS Consultant at Paycor
Brendan Nicholls is a dedicated professional with a passion for staying abreast of emerging workforce trends to assist CEOs and Human Resource Executives in anticipating and adapting to industry changes.
He holds a Bachelor's degree in Marketing from Appalachian State University and is a certified professional with the SHRM-SCP certification, leveraging his expertise to provide valuable insights and clarity in ambiguous situations.
With a wealth of experience in various leadership roles, including Principal New Client Success Consultant at Paycor, Director Of Communications at Illinois SHRM State Council, President at HRA of Greater Oak Brook, and more, Brendan has honed his skills in HR technology, HRIS, and strategic account management.
His commitment to being a genuine partner rather than just a service provider sets him apart, making him a trusted advocate for HR professionals seeking guidance on HR technology optimization, HRIS solutions, and involvement in SHRM at national or local levels. Brendan is always open to connecting and sharing his knowledge to support others in the industry.
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!
