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Which rule is ‘dead’ and which will go into effect under Trump? Attorneys weigh in.

  • The Federal Trade Commission is currently pursuing an appeal of a Texas district court’s decision to strike down its ban on noncompete agreements in employment contracts.
  • Moving forward, the noncompete ban is likely 'dead in the water' at the federal level.
  • However, noncompete agreements are still recognized at the state level, with California being an exception.
  • Both attorneys predict that the U.S. Department of Labor's overtime rule, raising the minimum annual salary threshold for overtime, will remain in effect without any federal challenges.

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