Let the Competition Begin
Gordon Law • April 26, 2024
On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule to ban post-employment non-compete agreements. This may have an enormous impact on your business because not only does it ban non-compete agreements into the future, it makes those that are currently in existence unenforceable. Furthermore, it requires that businesses that have such restrictions provide notice to employees that the non-compete agreements are no longer enforceable.
What Is a Non-Compete Clause or Agreement?
The Final Rule affects both standalone agreements or clauses within the agreement. The Final Rule defines a Non-Compete clause as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) operating a business in the United States after the conclusion of the employment that includes the term or condition.”
What Does a Typical Non-Compete Clause Look Like?
They can be found in employment agreements; handbooks; or severance agreements. Typical language may look like this:
Non-Competition. For a period of 1 year following the termination of Employee's employment with Employer (the "Non-Compete Period"), Employee shall not directly or indirectly engage in or prepare to engage in, or be employed by, any business that is engaging in or preparing to engage in any aspect of Employer's Business (as defined below) in any geographic area in which Employer conducted business during Employee’s employment. Employer's Business means the products and/or services offered by Employer during Employee's employment.
What About Independent Contractor Agreements?
The Final Rule affects independent contractor agreements as well.
Are There Any Exceptions?
A few small ones:
- The Ban does not affect non-profit corporations;
- The Ban does not affect non-competition agreements with the sale of a business;
- The Ban allows for existing non-competes to remain for senior executives only. A “Senior Executive” is an employee who makes more than $151,164 annually and who is in a policy-making position;
- The Ban does not apply to restrictions on competition while the employee works for the employer.
When Does the Rule Become Effective?
Based upon the current timeline, August 22, 2024. However, you should expect several lawsuits to be filed and those may delay the effective date.
What Happens if I Don't Comply?
Not only are the non-compete agreements unenforceable, but your business may also be subject to civil penalties. Furthermore, under Nevada Law, if an employer were to seek to enforce an unenforceable non-compete in court, the employer could be responsible for the employee’s attorney’s fees.
Isn't Nevada Law Different?
On paper, yes, Nevada Law does allow for certain non-compete agreements. However, language in the Final Rule states that the Federal law supersedes any state law that is inconsistent.
What Do I Have To Do?
Although the Final Rule is not yet enforceable, and we expect there will be legal challenges to it, employers will be required to provide written note to employees (and former employees) that the non-compete agreement is no longer enforceable. The notice must be provided before the Rule takes effect.
What Does the Notice Have To Say?
- An employer must provide clear and conspicuous notice that identifies the person who entered into the non-compete.
- It must be in digital form or in writing. Oral notice is not effective.
- The only exemption is if the employer does not have a record of street address, email address or mobile telephone number.
- The FTC has provided model language which, if an employer provides it to current and former employees with non-compete agreements, will provide a safe harbor from penalties. The model language is:
What Should I Do?
- Check all employment related documents you have to determine if you have any non-compete language within them.
- If you have affected employees or former employees, prepare and send the notices.
- Revise all of your employment related documents.
- Revise any independent contractor agreement.
- IMPORTANTLY KNOW THAT THE FINAL RULE DOES NOT AFFECT AGREEMENTS THAT PROTECT TRADE SECRETS; LIMIT SOLICITATION; OR LIMIT DISCLOSURE OF INFORMATION.
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Postcards can be a great way to tell people about your business, but sometimes they don’t work the way you want them to. If you’ve sent postcards and didn’t get the results you hoped for, don’t worry! There are a few reasons why that might have happened. Here are three reasons why your postcards might not be working and what you can do to fix them. 1. Your Picture Doesn’t Show the Message Quickly When people look at a postcard, they don’t spend a lot of time on it. If your picture doesn’t show them what your business can do right away, they might not even bother reading the words! The picture should tell them exactly what you’re offering in just a couple of seconds. What to do about it: Pick a picture that shows exactly what you’re offering. If you’re selling toys, use a photo of the toys. If you’re selling a service, show how it helps people. Make sure the picture makes the message clear so people don’t have to think about it for too long. 2. There’s Too Much Stuff on the Postcard Sometimes, people think if they add more information to a postcard, it will help. But if there’s too much stuff, it can make the postcard confusing. People might get overwhelmed and not know what to do next. That means they might throw it away. What to do about it: Keep your message simple. Tell people one main thing about your business. Use a few words and make it easy to understand. Focus on one thing you want them to know or do, like “Call us today for a free trial!” or “Visit our website to get your discount!” That’s all they need to know! 3. You Tried to Make It Yourself Instead of Getting Help A lot of people try to make their own postcards. But if you don’t know how to design them well, the postcards might not look professional. A postcard that’s messy or hard to read will make people ignore it. What to do about it: Get help from a professional. They know how to make postcards look good and get people’s attention. A designer can make sure your postcard is easy to read and looks nice. They’ll help you say the right thing in the right way so more people will want to take action. Conclusion If your postcards aren’t working, don’t give up! By choosing a clear picture, keeping the message simple, and getting help from a professional, you can make postcards that grab people’s attention and get the results you want. Start making changes today, and you’ll see more people interested in your business! Book an Appointment and Get 5,000 Free Postcards! Click here to book an appointment and get 5,000 postcards for FREE: https://qr.rsvplasvegas.com/calendlymobile/HCCblog1 About Tim Knifton Tim Knifton is a marketing expert who has sent over 15,000,000 postcards in Las Vegas! He knows how to create successful postcard campaigns that help businesses grow. One of Tim’s biggest achievements was helping a company earn over $2,500,000 in just six months with direct mail. Tim loves helping businesses succeed with direct mail, and he continues to be a leader in the marketing world.
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In 2025, even though digital marketing is everywhere, direct mail is making a big comeback! Here are three reasons why sending postcards is still a smart choice for businesses: 1. Direct Mail Stands Out in a Crowded World When you check your email, you probably get tons of messages—maybe over 30 in an hour! But when you get physical mail, you only get a few pieces a day, so postcards are much easier to notice. They stand out and grab your attention right away! 2. Reach People Who Aren’t Always Online Not everyone spends all their time online. Direct mail postcards are great because they can reach people who don’t use the internet much, like older, wealthier demographics. This means postcards can connect with people that digital ads miss. 3. Physical Postcards Are Easy to Understand Digital ads can be confusing or take time to understand, but postcards are simple. You can read them quickly and get the message right away. It’s easy to remember, so people are more likely to act on it. In a world full of digital ads, postcards offer a fun, easy, and smart way for businesses to reach people in 2025. Book an Appointment and Get 5,000 Free Postcards! Click here to book an appointment and get 5,000 postcards for FREE: https://qr.rsvplasvegas.com/calendlymobile/HCCblog1 About Tim Knifton Tim Knifton is a marketing expert who has sent over 15,000,000 postcards in Las Vegas! He knows how to create successful postcard campaigns that help businesses grow. One of Tim’s biggest achievements was helping a company earn over $2,500,000 in just six months with direct mail. Tim loves helping businesses succeed with direct mail, and he continues to be a leader in the marketing world.
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Launching a new business is an exciting venture, but with that excitement comes many important decisions, including one that can be both confusing and stressful: business insurance. Many new entrepreneurs find themselves asking two key questions: What kind of insurance do I need? and Where do I start looking? In this guide, we’ll walk you through the essentials, helping you better understand your insurance options to navigate and select the right coverage for your business. What Kind of Insurance Does Your Business Need? With dozens of different policies to consider, navigating the world of business insurance can be overwhelming. To help simplify the process, let’s take a closer look at the six most common types of insurance that small businesses typically need: General Liability Insurance This policy helps protect your business from claims related to bodily injury or property damage that might occur during the course of business. If you run a product-based business, it’s worth considering Product Liability Insurance , which specifically protects against claims related to injuries or damage caused by your product. Business Income Coverage (Business Interruption Insurance) This type of insurance can help replace lost income if your business is forced to close unexpectedly due to a covered event, such as a fire or natural disaster. It can provide crucial support during periods when your business isn’t operational. Commercial Property Insurance This policy safeguards your business’s physical property—such as buildings, equipment, or inventory—if they are damaged due to covered incidents like fire, theft, or vandalism. Workers’ Compensation Insurance In Nevada, if you have any employees, you’re legally required to carry Workers’ Compensation Insurance. This coverage provides benefits to employees who are injured or become ill on the job, covering medical expenses and lost wages. Commercial Auto Insurance If you or your employees use vehicles for business purposes, this policy covers accidents that occur while you’re on the clock, helping pay for damages or injuries. Professional Liability Insurance (Errors and Omissions Insurance) This is a must for service-based businesses. It protects you from claims related to mistakes made while providing professional services—such as negligence, misrepresentation, or errors in advice. Professionals like consultants, engineers, physical therapists, and attorneys often carry this type of insurance. For many small business owners, combining multiple types of coverage into a Business Owner’s Policy (BOP) is a practical solution. A BOP typically bundles General Liability Insurance, Business Income Coverage, and Commercial Property Insurance into a single, more affordable package. Where Should You Start Looking for Business Insurance? Once you have a clear understanding of the insurance types your business may need, the next step is figuring out where to acquire these policies. Here are a few helpful tips: Consult Your Personal Insurer If you’re satisfied with your personal insurance provider, they might also offer commercial insurance options. Reach out to them to see what business insurance packages they recommend. Ask Your Business Neighbors If you’ve set up a physical location for your business, asking neighboring business owners about their insurance providers may yield some great recommendations. Tap Into Your Network Fellow entrepreneurs can be a valuable resource. Ask other small business owners, both in person and online (through forums or social media groups), for their insights on the best insurance providers. Tips for Getting the Right Business Insurance While finding the right insurance policy may seem daunting, here are a few tips to ensure you make informed decisions: ● Compare Policies First, Then Prices: Don’t just go for the cheapest option—make sure you’re getting the coverage your business truly needs. ● Read Policies Carefully: Take the time to understand what’s covered (and what isn’t) before committing to a policy. ● Research Provider Reviews: Look into the reputation of the insurance companies you’re considering. Pay attention to customer reviews and industry ratings. ● Consult Experts: The Nevada Small Business Development Center (SBDC) is a fantastic resource for new and existing business owners. Offering no-cost small business advising services, they can help with reviewing your business insurance options. Partner with Nevada SBDC Navigating business insurance can feel like a heavy burden when you are already juggling many other tasks. Fortunately, the Nevada SBDC is here to help. Our team of expert advisors can guide you through the process, ensuring you’re informed about the coverage that suits your business needs. If you’re ready to get personalized assistance, connect with a Nevada SBDC advisor today by filling out the New Client Assessment at nsbdc.ecenterdirect.com/signup . Through the State Small Business Credit Initiative (SSBCI), Nevada SBDC advising services are designed to prepare you for access to capital, thereby promoting economic growth through business starts, increased sales and job creation. With the idea to address market gaps and promote the growth of small businesses across all communities in Nevada, this program aims to enhance a business’s capacity not only to secure capital, but also fortify its operational resilience, positioning it for sustainable growth and success in a competitive market. Learn more about SSBCI and get matched with a Nevada SBDC advisor that best suits the needs of your business today at https://nevadasbdc.org/ssbci/ . —----- Did you know our state is working to create opportunities for small businesses that want to grow? A new loan program launched last year by the Nevada Governor’s Office of Economic Development (GOED) offers flexible, fixed-rate loans up to $250,000 for qualified small businesses. The Battle Born Growth (BBG) Microloan Program gives small business owners like you a boost in funding to upgrade equipment, hire new employees, or pay for other expenses to grow your business. The best part about this program is free access to one-on-one guidance and technical assistance from experts who understand the unique challenges small businesses face. If you need support to get loan-ready, experts at the Nevada Small Business Development Center (SBDC ) are there to help. Fill out the loan pre-application to see if you qualify and get connected with a lender or technical assistance provider today! Find more information at https://nvmicroloans.org/