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25 Apr 2024, 6:52 am by Daniel J. Gilman
That’s likely a helpful change, even if the FTC’s insistence that the sale be a “bona fide” sale is not entirely clear, and even if the commission expressly declines to recognize that such NCAs are not anticompetitive. [read post]
25 Apr 2024, 4:30 am by Eric B. Meyer
Employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime protections if employed in a bona fide executive, administrative, or professional (EAP) capacity. [read post]
24 Apr 2024, 10:02 pm by Liz Dunshee
” While not addressed in the fact sheet, the final rule contains an exception (expanded from the rule’s proposed form) for non-competes entered into in connection with a bona fide sale of a business entity. [read post]
24 Apr 2024, 9:01 pm by renholding
”  This bona fide sale exemption, which is broader than in the FTC’s initial proposed rule, will allow transacting parties to continue to use non-compete agreements in the sale of a business, which is often a key aspect of a sale transaction. [read post]
24 Apr 2024, 5:59 pm by John Gotaskie
The Final Rule does not apply to a noncompete clause that is entered into by a person pursuant to a bona fide sale of a business entity, of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets. [read post]
  The rule includes an exception in connection with the bona fide sale of a business and allows existing lawsuits to enforce non-compete clauses to continue. [read post]
Similarly, the FTC opines that sham transactions between wholly owned subsidiaries are not bona fide sales because they are not made between two independent parties. [read post]
The rule does not apply to non-competes entered into pursuant to a bona fide sale of a business entity and provides a good faith exception for employers who enforce or attempt to enforce a non-compete where good faith basis exists to believe that the rule is inapplicable. [read post]
The rule does not apply to non-competes entered into pursuant to a bona fide sale of a business entity and provides a good faith exception for employers who enforce or attempt to enforce a non-compete where good faith basis exists to believe that the rule is inapplicable. [read post]
The rule does not apply to non-competes entered into pursuant to a bona fide sale of a business entity and provides a good faith exception for employers who enforce or attempt to enforce a non-compete where good faith basis exists to believe that the rule is inapplicable. [read post]
24 Apr 2024, 10:42 am by admin
An exception to the rule may apply if the restricted party is selling a business entity, its ownership interests, or operating assets as part of a bona-fide sale. [read post]
The Final Rule also carves out noncompetes entered in connection with the bona fide sale of a business or a person’s ownership interest in a business entity, eliminating the 25% ownership threshold from the proposed rule. [read post]
The Final Rule also carves out noncompetes entered in connection with the bona fide sale of a business or a person’s ownership interest in a business entity, eliminating the 25% ownership threshold from the proposed rule. [read post]
24 Apr 2024, 6:19 am by Adam R. Long and Austin Wolfe
Background and History The FLSA’s white-collar exemptions apply to “bona fide” executive, administrative, and professional employees and generally include both a minimum salary requirement and a duties test. [read post]
24 Apr 2024, 6:06 am by Daniel Schwartz
The rule exempts non-compete clauses related to bona fide sales of businesses or ownership interests and existing causes of action. [read post]
24 Apr 2024, 4:52 am by Erica Blachman Hitchings
Among the criteria necessary to satisfy “bona fide service fee” status is that the fee is “not passed on in whole or in part to a client or customer of an entity, whether or not the entity takes title to the drug. [read post]
24 Apr 2024, 3:00 am by John Jenkins
  Like the proposed rule, the final version includes an exception for non-competes entered into in connection with the bona fide sale of a business. [read post]
There are a few limited exceptions to the final rule, with the primary exception being that it does “not apply to a noncompete clause that is entered into by a person pursuant to a bona fide sale of a business entity, of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets. [read post]
23 Apr 2024, 12:34 pm by Hunton Andrews Kurth LLP
Consent – Affirmative express consent is not a general basis for processing covered data, but it is specifically required in the following circumstances:to transfer sensitive covered data to a third party;to collect, process, or retain biometric information or genetic information;to transfer biometric information or genetic information to a third party;to collect, process, retain, or transfer covered data for market research;to secure participation in bona fide loyalty… [read post]