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| Protecting Your Business- Part 1. Non-Compete Clauses On January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking aimed at preventing employers from imposing non-compete clauses. If you are an employer or employee and have questions about non-compete contract provisions, our lawyers at Lardiere McNair & Stonebrook Ltd., LPA can help you navigate your issues. The FTC argued that these clauses significantly reduce workers’ wages, stifle new businesses and new ideas, exploit workers, and hinder economic liberty. As expected, the proposed rule is already becoming the subject of opposition. The principal allegation is that the FTC lacks the authority to promulgate such a competition rule, not to mention the estimated economic impact of $296 billion. However, if the FTC rule is put into effect, this is what employers should expect: Employers would be banned from entering into noncompete clauses with their workers, including independent contractors;Employers would be prevented from representing to a worker, under certain circumstances, that the worker is subject to a noncompete clause; Employers would be required to take action to rescind the non-compete clauses within a certain timeframe, through individualized communications from the employer to all current employees, as well as former employees. What can you do for your business now? The FTC rule is not final, as the agency is seeking public comments on a variety of topics until March 20, 2023. Nevertheless, businesses should be prepared. In addition to submitting comments to the FTC, it would be prudent to start gathering all noncompete, nondisclosure, confidentiality, and no solicitation agreements, and consider reaching out to an attorney to: Monitor and keep you updated as things rapidly change;Help your business comply with the potential new rules, the required actions, and advise on possible exceptions; Review all your existing agreements, particularly if they do not contain certain clauses, as it could void the entire agreement;Draft new agreements to ensure compliance and avoid legal battles. At Lardiere McNair & Stonebrook Ltd., LPA, our attorneys have extensive experience and will collaborate with you to effectively advise you on all business law matters, including formation of your business and general representation. Please Call (614) 534-1355 and schedule a free consultation. For more information visit: https://www.ftc.gov/system/files/ftc_gov/pdf/p201000noncompetenprm.pdfAline Wright is a Legal Assistant at Lardiere McNair & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute, legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter. Happy Anniversary LMDS! Lardiere McNair & Stonebrook is proud to announce that it is celebrating its 10-year anniversary! The firm was founded on March 1, 2013, with the hope of helping businesses and families located in Central Ohio, navigate the legal system, with smart, compassionate and talented lawyers. The firm remains committed to that mission and we would like to thank you, our clients, for helping us achieve these goals! Darren McNair, founding member of the firm, said, “I can’t believe 10 years have gone by! It seems like yesterday that Chris Lardiere and I met over coffee to discuss forming our own firm, and now we have ten employees and are still growing!.” Lardiere McNair & Stonebrook looks forward to meeting new challenges, new clients and continuing with our excellent representation of our current clients. Cheers to many more years! Stay tuned for news about a 10 year anniversary open house this spring!    Sunni DiNicola is a Partner at Lardiere McNair & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute, legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter. Distracted Truck Drivers Pose Grave DangerDistracted truck drivers, as well as drivers in general, are the cause of many accidents. If you or a family member or friend has been injured by a distracted driver, call Lardiere McNair to learn your rights. We will fight to get the injured party all that they deserve. According to the National Safety Council (NSC.org), the percentage of drivers manipulating hand-held electronic devices has increased 127%, from 1.5% in 2012 to 3.4% in 2021. Among other activities, this observation includes text messaging. Drivers observed with visible headsets remains low at 0.4% in 2021. According to a press release from Governor DeWine’s office, although distracted driving is known to be underreported, the Ohio State Highway Patrol reports that there have been at least 73,945 distracted driving crashes in Ohio since 2017, including 2,186 fatal and serious injury crashes. Traffic fatalities overall have increased in eight of nine years from 2013 to 2021, with deaths reaching their highest point in nearly two decades in 2021 with 1,355 fatalities. Preliminary traffic data from 2022 indicates that at least 1,269 people were killed in traffic crashes last year. Under the new law, a driver may still use their device in specific circumstances, such as when their vehicle is parked or stopped at a red light. Drivers are also permitted to swipe their phones to answer a call and to hold their phones to their ears during phone conversations. Emergency calls are also permitted in all circumstances. If you, a family member or a friend have been injured by a distracted driver, or any act of negligence, give Lardiere McNair & Stonebrook Ltd., LPA a call to schedule a free consultation, (614) 534-1355.Christopher Lardiere is a Partner at Lardiere McNair & Stonebrook, Ltd. LPA. To read more about our firm, please visit lawyerscolumbusohio.com.The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute, legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter. |
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