The Federal Trade Commission (FTC) has enacted a nationwide ban on new noncompete agreements, potentially impacting millions of American workers. These agreements typically restrict employees from working for competitors or starting their own businesses within a certain geographic area and time frame.
According to the FTC, one in five Americans are currently bound by noncompete agreements, often facing consequences such as staying in toxic work environments, relocating their families, or discontinuing services to patients and clients. The ban aims to increase workers’ wages by an estimated $400 billion to $488 billion over the next decade.
The ban applies to all workers, including executives, and does not have a salary threshold. However, it does not cover nonprofit employees or noncompetes associated with the sale of a business. Existing noncompetes will no longer be enforceable after the rule takes effect, and employers are required to provide clear notice of this fact to past employees.
Anticipating legal challenges from businesses, the FTC’s ban is likely to face a nationwide injunction and potentially reach the Supreme Court. Despite the ban, employers may resort to alternative tactics to retain employees, such as ‘golden handcuffs’ (e.g., bonuses and loans) and confidentiality restrictions.
California, which previously banned noncompetes, has experienced increased entrepreneurship and venture capital investment. Experts believe the FTC’s ban will shift the power dynamic between employers and employees, encouraging fair retention practices and reducing litigation costs associated with enforcing noncompetes.