Conclusion
The injunction imposed on the FTC Final Rule prevents its implementation for the time being. However, it is expected that the present litigation will continue. Appeals may affect the injunction, so it is important to work with an attorney to monitor any developments. In the meantime, employers should review their agreements for compliance with state law.
Finally, this time is a great opportunity for both employers and workers to review their agreements to determine if there is anything additional that can be done to protect their interests.
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Emily A. Johnson, JD, is a nationally recognized attorney, author and speaker with McDonald Hopkins LLC. Email her at [email protected].