A Guide to the FTC's Ban on Non-Competes, Its Current Status, and Its Impact on the World of Employment

In April of this year, the Federal Trade Commission (FTC) issued a final rule that took the extraordinary step of banning non-competition clauses in employment agreements nationwide, The FTC argued that such clauses (1) severely limit the right of the worker to freely practice their profession by unduly burdening them with time and geographic restrictions of where they may practice their profession following their departure from another company and (2) restrict business competition generally and fosters an unhealthy environment for the workers, limiting salary opportunities, innovation, and general business growth. 

This course will provide you with an overview of non-competition clauses, the FTC ruling, its impact on business across industries, the current legal status of the ruling and how businesses can protect themselves should the ban be enforced nationwide. The aim of this course will be to provide attorneys with information on how the ban will affect employment agreements as a whole and how they can continue to protect their clients, depending on the enforceability of the ban. This information will be vital for attorneys representing either the employer or employee. 

Learning Objectives:

1. Review the nature of non-competes in employment agreements across the United States
2. Examine the Federal Trade Commission's ban on non-competes, effective nationwide, and its potential impact to businesses, including potential penalties
3. Identify and discussing the legal issues that have arose since the ban, including current lawsuits across the country and their current status
4. Discuss the future of non-competes and what to expect moving forward, including how to advise clients on how to protect their businesses