Banning Employee Noncompetes: Are Proposed FTC and State Prohibitions Legal and Wise?

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In January 2023, the FTC announced a proposed rule that would ban noncompete agreements across much of the U.S. economy - a move President Biden lauded in last year’s State of the Union address. Similarly, the New York State Legislature passed a bill last year to ban noncompetes in the state-only for it to be vetoed by Democrat Governor Kathy Hochul.
With the FTC vote on the proposed rule likely to take place this April, and nearly one in five American workers bound by noncompete agreements, what will be the impact of bans on employee noncompete agreements at the state and federal level? Is it legal for the FTC to make such decisions, or will this move run afoul of the Major Questions Doctrine?
Join us as we examined these questions and discussed how in-house counsels should respond to noncompete regulation. This program continues the discussion of last month's webinar on Antitrust Agencies' Scrutiny of Labor.
Featuring:
Tyler S. Badgley, Senior Counsel, U.S. Chamber Litigation Center
Robert S. Driscoll, Shareholder, Reinhart Boerner Van Deuren s.c
Prof. Evan Starr, Associate Professor, Robert H. Smith School of Business, University of Maryland
Moderator: Mark A. Schuman, Deputy General Counsel, Securities and Capital Markets, Comerica Bank
* * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Опубликовано:

5 окт 2024

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Комментарии : 9

@waterlily2743 5 месяцев назад

Thanks to today's FTC ruling. My non-compete is now void. Thank you, FTC! For the record, I paid for my own education, testing, and certifications. I make 32k a year, and I'm definitely not management. The fact that the standard non-compete in Indiana for my career is a 2 year and Fifty mile radius is honestly ridiculous. My non compete is the most unamerican thing I have ever heard. Employers should not be able to handcuff people to the company, deny raises for the last 2 years, and Tell us good luck going to the higher paying job because of a non-compete. This system was not made to benefit employees. It was 100% percent made to protect the employer and force retention for companies that honestly do not deserve it.

@rickrudd 6 месяцев назад

Yes. Noncompetes are garbage. In a right to work state, you can be the best at your job, be fired for something like a petty personality conflict with the employer, and be prohibited from pursuing employment in the field for which you are eminently qualified. It's like a prison term to which the employee has been sentenced with virtually no recourse.

@sirtwanderson 6 месяцев назад

I agree. I’ve been doing hvac for ten years. Worked for some yahoo for less than a year with no benefits and the lowest pay I’ve made. Starting my own business this year and guess who says he owns me for 5 years. Sent me a threatening letter from an attorney.

@MauricioQuiroga-Castorene 5 месяцев назад

Hello: is there an email where I can have my own case evaluated? I have already paid a lawyer, but the answer wasn't satisfactory to my new employer? (Now ex-employer) Great Video. Thanks

@waterlily2743 5 месяцев назад

@sirtwanderson well now you can send him the FTC ruling telling him to kick rocks

@TruckeeDoggo 5 месяцев назад

Non-competes are bad. But it's hard to imagine how any court's say the FTC had authority to issue these rules, even if the major questions doctrine didn't exist

@petepotr4078 5 месяцев назад

Free markets rule!

@hummakavula3750 5 месяцев назад

Non-competes in most positions are bad. Not all non-competes are bad. Both can be true. A blanket ban would therefore be bad.

@Jilla0559 Месяц назад

The FTC Ruling Bans Noncompetes with Workers making under $150 K - that’s 1/5 workers - Workers in a Work at Will state are limited from leaving a job within your community for a raise or better working conditions. ! A nurse friend of mine lost her job in a supervisory position making under $150K. A Non compete kept her from getting another job within 200 miles for two years The details of her Job were an industry standard . The noncompete required her to leave her community moving to a much smaller rural community where her wages were lower She was not able to achieve another supervisory position within the two years of her noncompete The noncompete depressed both her career and her wages for the two years she was under the noncompete It also robbed the Larger community of an extremely good RN superior at a time when there was an shortage of Nurses .