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For many months, I've been telling anyone who would listen that we had a long way to go before the FTC's ban on noncompete agreements would take effect.
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For many months, I've been telling anyone who would listen
that we had a long way to go before the FTC's ban on noncompete
agreements would take effect.
Earlier today, a federal judge in Texas issued her long awaited
decision imposing a nationwide injunction on the rule.
She held that the agency did not have authority to put out rules
related to unfair methods of competition, including the noncompete
rule.
This injunction, barring any immediate appellate action
reversing it, which seems unlikely, essentially means that the rule
will NOT go into effect in September as scheduled.
For employers, this ruling may be a mixed bag for some. Some may
have liked a single rule to follow and may have wanted to hire
applicants from competititors. Others will breathe a sigh of relief
that their noncompete agreements are safe for now.
We'll have more in the upcoming days as we review the
implications of the decision but for now, employers can put on hold
any plans to eliminate their noncompete.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
