FTC Bans Most Noncompetes
The Federal Trade Commission (“FTC”) issued a final rule that bans noncompetes nationwide. The rule prohibits employers from entering into or attempting to enforce new noncompetes with any of their workers, including independent contractors, externs, interns, volunteers, and/or apprentices. And while existing noncompetes for senior executives can remain in force under the rule, currently existing noncompetes for most workers will no longer be enforceable as of the rule’s effective date and employers will be required to provide notice to workers regarding the unenforceability of those existing noncompetes. You can find more information, including a compliance guide, fact sheet, and model notice language, here.
HHS Updates the 340B Dispute Resolution Process
The Department of Health and Human Services (“HHS”) issued a final rule that updates the 340B Drug Pricing Program’s administrative dispute resolution (“ADR”) process. Among other changes, the rule requires that parties undertake good faith efforts to resolve their dispute prior to the ADR process; eliminates the minimum monetary threshold needed to access the ADR process; requires that ADR panel members be 340B subject matter experts from the Office of Pharmacy Affairs; limits the ADR process to disputes involving overcharges, duplicate discounts, or diversion; and establishes an appeals/reconsideration process.
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