b'messenger MIDWEST INSULATION CONTRACTORS ASSOCIATION 7250 POE AVE., SUITE 410 - DAYTON, OH 45414 - micainsulation.org VOLUME 58NO.7 August 2024 WHATS INSIDE THIS MONTH:Brown of the Federal District Court of the Northern District of Texas agreed, ruling that the FTCs non-FTC Ban Ruled Unlawfulcompete ban was arbitrary and capricious.Presidents LetterSignificantly, Judge Brown cited Loper Bright MICA LeadershipEnterprises, a recent case in which the United States Supreme Court critically weakened federal agencies Workplace Violence: Reducing the Riskpower to set rules. This decision out of the Northern District of Texas, therefore, will likely be one of many Construction Jobsite Falls a Rising Problemciting Loper Bright Enterprises to limit federal agencies Three Crucial but Underrated Leadership Habits power.Consider These Four Factors When There will be an appeal to the Fifth Circuit, where the non-compete rule is expected to face a hostile reception. Choosing a New Manager And other courts are also considering the legality of the Construction Starts Jump 10% in Julynon-compete rule, thereby guaranteeing continued litigation for the foreseeable future, including a likely Virginia Tech to Study, Rate Construction Hel- appeal to the U.S. Supreme Court. Based on the trend to metslimit federal agency power, it now appears doubtful that the non-compete rule will ever become effective in its current form.Federal Trade Commissions Non- What does that mean for you? Employers that were Compete Ban Ruled Unlawfulplanning to comply with the non-compete rule can now stand down. The non-compete ban will no longer take effect on September 4, 2024, or any time soon.A Federal District Court in Texas has halted theFor now, employers can continue to operate without the Federal Trade Commissions ban on non-competeconstraints of the FTCs proposed rule.agreements and has blocked enforcement nationwide. Scheduled to take effect on September 4, 2024, the FTCs ban sought to invalidate most non-compete agreements between employers and employees. For all but the top senior executives, existing non-compete agreements would have been immediately invalidated, and new non-competes prohibited altogether.Recently, the FTC (among other government agencies) had been criticized for exceeding its authority. And on August 20, 2024, Judge Ada 1'