Understanding and Adapting to the FTC's Nationwide Ban on Non-Compete Agreements
Join us for an in-depth exploration of the Federal Trade Commission's (FTC) groundbreaking decision to broadly ban non-compete clauses across the United States. This course, led by industry expert Craig Leen, Partner at K&L Gates, will provide a comprehensive overview of the new regulation, its implications for employers and employees, and the potential challenges in enforcement. Attendees will gain valuable insights into the historical context of non-compete agreements, the rationale behind the FTC's decision, and practical strategies for compliance and risk management.
Key Topics Discussed
Partner | K&L Gates LLP
Craig Leen is a partner in the firm's Labor, Employment, and Workplace Safety practice, and co-leads the firm’s OFCCP and Affirmative Action Compliance area of focus. His depth of experience spans across federal, state, and local government, as well as the private sector. Prior to joining the firm, Craig served as the Director of the Office of Federal Contract Compliance Programs (OFCCP), a federal civil rights enforcement agency at the U.S. Department of Labor. In this role, Craig reported directly to the Secretary and Deputy Secretary of Labor; overseeing approximately 450 employees and a budget of over $105 million, with a mission to ensure compliance by federal contractors with equal employment opportunity and non-discrimination obligations. During his tenure, OFCCP experienced record years in both enforcement recoveries and compliance assistance, with Craig overseeing three rulemakings and issuance of several technical assistance guides to help employers comply with the law. Likewise, as an agency head at the U.S. DOL, Craig worked directly with numerous other federal agencies, including the Wage & Hour Division (WHD), the Occupational Safety & Health Administration (OSHA), the Employee Benefits Security Administration (EBSA), the Office of Disability Employment Policy (ODEP), the Civil Rights and Federal Programs Divisions of the U.S. Department of Justice, and the Equal Employment Opportunity Commission (EEOC). From his leadership experience at OFCCP and U.S. DOL, Craig provides clients who conduct business with the federal government a wealth of experience and insight into the enforcement of equal employment opportunity regulations, including compliance with affirmative action and nondiscrimination obligations, with Craig representing employers before federal agencies, including U.S. DOL and the EEOC. Likewise, he provides frequent advice to clients on developing comprehensive diversity, equity, inclusion, and accessibility (DEIA) programs that are compliant with Title VII, and conducting comprehensive pay equity and promotions self-audits. Indeed, Craig has extensive experience overseeing internal employment audits, reviews, and investigations that can help companies in ensuring compliance with applicable employment laws, including in the use of artificial intelligence in employment. Finally, Craig's knowledge and experience with the regulatory process is of significant value in providing counsel as to agency rulemakings under the Administrative Procedure Act, including advising clients on submitting comments on notices of proposed rulemakings. Craig's experiences prior to OFCCP as a government attorney at the municipal and county levels in Florida also provide him a unique vantage point to advise clients on all aspects of regulatory compliance at multiple levels of government.
