b'THE OFFICIAL NFBA MAGAZINEFEDERAL TRADEBUILDING A WORLD OF DIFFERENCECOMMISSIONS NON-COMPETETHROUGH PRODUCT ADVANCEMENTSBAN RULED UNLAWFUL New products and new colors withVICTORYthe same great quality and service. Vinyl Windows3 Trims LEGALLY SPEAKING 3 Colors3 FunctionsA Federal District Court in Texas has halted the Federal Trade Commissions ban on non-compete agreements and has blocked enforcement nationwide. Scheduled to take effectCOOL SOLAR REFLECTIVE on September 4, 2024, the FTCs ban sought toTECHNOLOGYinvalidate most non-compete agreements betweenAbbie White Amy Mitchell Doug Jenksemployers and employees. For all but the top senior executives, existing non-compete agreements wouldwhere the non-compete rule is expected to face have been immediately invalidated, and new non- a hostile reception. And other courts are also competes prohibitedaltogether.considering the legality of the non-compete rule,TRIUMPHRecently, the FTC (among other governmentthereby guaranteeing continued litigation for theTriumph Aluminum Windowsagencies) had been criticized for exceeding itsforeseeable future, including a likely appeal to the20 Series Doorauthority. And on August 20, 2024, Judge AdaU.S. Supreme Court.Based on the trend to limitWith StepSaver -J-Trim/Nail FinAlso AvailableBrown of the Federal District Court of the Northernfederal agency power, it now appears doubtful thatShown in Black w/Black GridDistrict of Texas agreed, ruling that the FTCs non- the non-compete rule will ever become effective in compete ban was arbitrary and capricious. its current form. Significantly, Judge Brown cited Loper BrightWhat does that mean for you? Employers that were Enterprises, a recent case in which the Unitedplanning to comply with the non-compete rule EB Lcan now stand down. The non-compete ban will I RStates Supreme Court critically weakened federal agencies power to set rules. This decision out ofA ARno longer take effect on September 4, 2024, or anyDUthe Northern District of Texas, therefore, will likelytime soon.be one of many citing Loper Bright Enterprises toFor now, employers can continue to operate without800.558.5895plyco.comlimit federal agencies power. the constraints of the FTCs proposed rule.There will be an appeal to the Fifth Circuit,HIGH LEVEL PERFORMANCE PRODUCTS WITH INDUSTRY LEADING TESTING STANDARDS14 / FRAME BUILDER - VOL5 4'