Covenants not to compete are a hot topic in employment law today. A number of states now have, or are considering, laws invalidating these employment contract provisions. And the Federal Trade Commission (FTC) recently issued a proposed rule banning most non-competes.

What should employers know when drafting these kinds of provisions, and what should attorneys consider when representing clients in these kinds of cases? Three labor and employment mediators and arbitrators recently spoke] with us for a closer look at these issues.