Anomatic Corporation

Booked and Balance

H.J. Bushka & Sons Lumber & Millwork Co.

J.W. Ford & Associates, Monument Services L.L.C.

Law Office of Fred Dlugokecki

Pustola & Associates

RE/MAX RISE

Stokes Counseling Services

Showcase your business and inspire the future workforce at the 2024 STEM/Advanced Manufacturing & Technology Expo of Greater Waterbury, taking place on Friday, November 1 at Naugatuck Valley Community College.

This event is an exciting opportunity to connect directly with local students and help promote the diverse career opportunities within the manufacturing industry. Join us in shaping the next generation of talent by demonstrating what your business has to offer. Exhibitors will have the chance to engage with students through interactive displays, sharing insights into the exciting world of 21st-century manufacturing. Register by 10/25/2024 and be part of this important initiative!

The Naugatuck Y will be hosting their September Family Fun Night on 9/27 from 6:30pm – 8:30pm. Get in the fall spirit by painting pumpkins, bobbing for apples, making your own caramel apple snacks, playing games, and having fun with family and friends! Pre-registration is required. Free for members, $10 per family for community members. Members can register here: https://bit.ly/3z1YCaN or call 203-729-9622

The Northwest Construction Careers Initiative

NCCI — The Northwest Construction Careers Initiative — offers Northwest Connecticut residents the opportunity to pursue a career in the construction and building trades. Job training and employment possibilities include: 

• OSHA 10, OSHA 30, and Hazwoper certifications
• CORE Curriculum, which includes HVAC, Plumbing and Electrical

Orientation sessions are held each Thursday at 249 Thomaston Avenue in Waterbury, CT beginning at 10AM. You do not need to RSVP to attend, but you will need to be on time to participate. 

Healthcare training program

The NRWIB is currently offering training opportunities in the following fields:

• Patient Care Technician
• Central Sterile Processing
• Emergency Medical Technician
• Certified Nurse’s Aide
• Community Health Worker

CT WHISP Program

Connecticut Workforce & High-Tech Industry Skills Partnership (CTWhisp) Program offers a variety of IT career training at schools such as Naugatuck Valley Community College and Patrick’s Academy.

Naugatuck Valley Community College in partnership with the Northwest Regional Workforce Investment Board is offering grant-funded, short-term (15 weeks), IT course clusters aligned with industry certifications and supportive services. Clusters include Networking, Programming, Systems, Software and Project Management. Each IT cluster has been mapped to Microsoft and/or CompTIA certifications. The course clusters are offered free of charge to eligible CTWHISP participants. Additional services include enrollment assistance, academic advising, and employment services. In addition to gaining skills and stackable credentials, participants at NVCC will earn between 9-12 college credits that may be used towards a degree.

This HR Corner is brought to you by Carmody Torrance Sandak & Hennessey LLP. Written by Attorneys *Maria Laurato & Vincent Farisello

On August 20, 2024, a federal judge struck down the Federal Trade Commission’s (FTC) proposed ban on non-compete agreements, blocking its enforcement on a national basis.

As discussed in a prior article, the FTC issued a Final Rule that, as of September 4, 2024, would have invalidated nearly all existing non-compete agreements and barred employers from entering into non-compete agreements with workers in the future. In striking down the Final Rule, U.S. District Judge Ada Brown held that the FTC exceeded its statutory authority when it adopted the Final Rule, and that the Final Rule itself was arbitrary and capricious.

Judge Brown first concluded that the FTC lacked the authority to issue the Final Rule because Congress only authorized it to issue procedural or “housekeeping” rules to address unfair methods of competition, not substantive rules. “The role of an administrative agency is to do as told by Congress, not to do what the agency thinks it should do,” the court reasoned. The fact that there are no statutory penalties for violating rules promulgated by the FTC further supported the court’s conclusion that the FTC lacked substantive rulemaking authority.

The court then found that the Final Rule was arbitrary and capricious—a standard that considers the reasonableness of an agency’s action—“because it is unreasonably overbroad without a reasonable explanation” and would impose “a one-size-fits-all approach with no end date.” The court pointed out that no state in the country has enacted a non-compete ban as broad as the FTC’s sweeping Final Rule and underscored that the Final Rule may have targeted specific, harmful non-competes, rather than imposing a blanket “categorical ban.” 

Based on these reasons, the court ultimately concluded that the Final Rule was “an unlawful agency action” requiring it to be set aside with nationwide effect.

The FTC is considering an appeal of the decision. It is also possible that the FTC may seek to stay the court’s decision pending the appeal. Whatever the FTC ultimately decides, it is clear that employers are relieved—at least for the time being—from the obligations originally set to take effect on September 4^th.  

It is important to remember, however, that no matter how welcome this latest development, non-competes continue to be heavily scrutinized. For example, the FTC emphasized that the court’s decision does not “prevent [it] from addressing non-competes through case-by-case enforcement actions.” The General Counsel of the National Labor Relations Board also takes the position that non-compete agreements violate the National Labor Relations Act, and a number of states have passed or proposed legislation limiting the use of non-competes.  

Employers are encouraged to review their use of non-compete agreements, including reviewing which employees are required to sign them and ensuring they are narrowly tailored to meet state law requirements.

*Vincent Farisello is a partner at Carmody Torrance Sandak and Hennessey LLP and co-leader of the firm’s Labor & Employment Group. Maria Laurato is an associate in Carmody’s Labor & Employment Group.



This information is for educational purposes only, to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.