| Request for reconsideration of an advisory opinion from James Carinio, Jr., a former employee of Louisiana Rehabilitation Services, as to whether the Federal Trade Commission's Final Rule on Non-Competes affects his post-employment restrictions under the Code. |
|
Background
At the February 2, 2024 meeting, the Board issued an advisory opinion to James Carinio, Jr., a former employee of Louisiana Rehabilitation Services ("LRS"), as to whether the Code permits his two-year post-employment period to begin on May 1, 2022, when he last worked as a Rehabilitation Employment Development Specialist for the LRS Shreveport Regional Office, instead of beginning on September 8, 2023, when he retired from employment as a District Supervisor for the LRS Shreveport Regional Office.
The Board concluded, by a vote of 9 to 1, with Board Member Speer in opposition, that La. R.S. 42:1121B(1) prohibits Mr. Carinio from rendering job placement services on a contractual basis to the LRS Shreveport Regional Office for two years from September 8, 2023, the date of his termination of employment with his agency when he participated in rendering job placement services.
FTC's Final Rule on Non-Competes
On April 23, 2024, the Federal Trade Commission ("FTC") issued a 570-page Final Rule on Non-Competes. The Final Rule generally prohibits employers from entering into new non-competes with workers and enforcing existing non-competes with workers other than senior executives. On page 49, the Final Rule explains that it does not apply to state governmental ethics policies such as traditional "cooling off" periods.
|
|
La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121E provides that the termination of public employment or service means the termination of employment with the agency which employed the public employee when he participated in the transaction.
|
|
|
Affirm the previously issued advisory opinion.
|
|
| Assigned Attorney: |
Jessica Meiners |
|
|