Host Tom Godar welcomes Husch Blackwell attorneys Tom O’Day and Tracey O’Brien to the podcast for the second part of a two-part discussion on employee restrictive covenants, including noncompete agreements.

Tom begins this timely episode by highlighting the September 10 directive from Federal Trade Commission (FTC) Chair Andrew Ferguson. The FTC is still in the business of policing noncompete agreements, as it issued correspondence to several healthcare employers and staffing firms suggesting that they “conduct a comprehensive review of their employment agreements—including any non-competes or other restrictive agreements—to ensure they are appropriately tailored and comply with the law.”

Our discussion then pivots to look at the state regulatory frameworks in place relating to non-competes in greater detail. These state-level requirements—which can vary greatly from state to state—must play an important role in how employers draft their restrictive covenants. Tracey outlines how more states are prohibiting non-competes for those receiving lower compensation and that states often have specific provisions directed at health care professionals and providers.

The conversation wraps up with some practical tips to consider for drafting employee agreements and some common pitfalls to avoid. Don’t miss this informative episode that touches on one of the hottest areas of labor and employment law.

Host Tom Godar welcomes Husch Blackwell attorneys Tom O’Day and Tracey O’Brien to the podcast for a two-part discussion on employee restrictive covenants, including noncompete agreements. Our conversation kicks off with a summary of what constitutes a restrictive covenant and federal agency stances toward noncompete agreements over time. Tom, Tom, and Tracey review how the Biden administration made policy and enforced regulations severely restricting the use of noncompete agreements and describe how the second Trump administration is moving away from its predecessor’s more aggressive posture.

At the same time, several state governments are moving forward with legislation restricting the use of noncompete prohibitions. Tracey summarizes state-level lawmaking during the 2025 legislative sessions, which demonstrates that states are indeed at the forefront of policymaking on restrictive covenant issues. Tracey also covers the basic differences among the states and how compliance with this emerging patchwork of state law can be challenging.

In a forthcoming Part II of this discussion, our insiders will break down those state-specific issues relating to noncompetes in greater detail and provide listeners with some practical takeaways for compliance.

Additional Resources

National Labor Relations Board, Universal Automation & Mechanical Services, 01-CA-300935 (case-closing email)

Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson for the second installment of a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the procedures and fora associated with mediation and arbitration in Wisconsin and nationally.

In this episode, Tom and Jon build on their prior discussion with Howard, covering the role that mediation and arbitration plays in maintaining labor-management peace. The conversation explores the arbitrator’s point of view in the dispute resolution setting, and Howard provides signature perspectives on taking the temperature of the disputants and learning how to read a room, even when that room is virtual. Tom, Jon, and Howard then consider some best practices for the arbitration process, including the need to be clear in communicating with the arbitrator, to understand what the case is ultimately about, and to confront the weaknesses of your case. The group also discusses the value of written briefs and opening statements in the context of arbitrations, where arbitrators often have no real knowledge of the substance of the matter until the disputants present their cases.

The episode concludes with a brief summary of how the arbitration process has evolved as public policy has shifted repeatedly—particularly at the National Labor Relations Board—during the first quarter of the 21st century.

Be sure to catch this interesting discussion about the crucial role arbitration plays in maintaining accord between labor and management.