In a recent interview with Dayton Business Journal, Dinsmore labor and employment partner Matthew Bakota was asked about the latest laws and trends impacting employers in the Miami Valley. Topics in the conversation ranged from retention, the latest developments concerning non-compete agreements and changes to the salary-related portion of the federal overtime exemptions.

An excerpt from Matthew’s interview is below.

Bakota said 2024 has brought with it significant changes in labor and employment laws.

One of the largest shifts comes through the Federal Trade Commission’s rule to ban most non-compete agreements. The rule would have a significant impact on sales-related positions, which Bakota said are a critical part of employer organizations.

The rule is being challenged in court. Bakota said whether upheld in full, in part or not at all, employers who use non-competes and similar restrictive covenants really should look to shore up in-house protections applied to confidential and proprietary business information.

“Even if most non-competes hypothetically go away, employers would still have significant rights available under laws that protect their trade secrets, as long as an employer has taken legally sufficient steps to protect them and where there is evidence of someone else attempting to use them for an unfair advantage in the marketplace,” Bakota said.

Find the full article here.