Feds Retreat and States Advance: A Look at Restrictive Covenants Under the Second Trump Administration and Trends at the State Level, Part I

Feds Retreat and States Advance: A Look at Restrictive Covenants Under the Second Trump Administration and Trends at the State Level, Part I

Author: Tom Godar September 10, 2025 Duration: 19:55
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.

Hosted by Tom Godar, The Labor Law Insider is a conversation for anyone responsible for navigating the complex relationship between management and the workforce. Rather than dry legal lectures, this podcast unfolds as a series of practical discussions with experienced labor and employment attorneys from the Husch Blackwell team. They dig into what’s happening right now-breaking down new rulings, regulatory shifts, and legislative trends that are actively reshaping the workplace. The focus is always on translation: turning dense legal developments into actionable intelligence. You’ll hear clear guidance on proactive strategies and operational best practices designed to help employers stay ahead of risk and foster a compliant, productive work environment. As the business landscape across every sector undergoes constant change, these conversations serve as a crucial resource for leaders, HR professionals, and operators who need to make informed decisions. The Labor Law Insider podcast doesn’t just outline the problems; it prioritizes real-world solutions and sensible steps you can implement. Join Tom and his colleagues for timely, grounded analysis that cuts through the noise of legal news and gets straight to the implications for your organization’s daily reality and long-term planning.
Author: Language: English Episodes: 66

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