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Employee Non-competition Agreements Ban Closer to Reality

April 24, 2024

On April 23, 2024, the Federal Trade Commission announced a rule that most non-competition agreements will no longer be enforceable. A few exceptions will remain, which may apply to certain senior executives and to the sale of a business. Otherwise, employees and independent contractors will be free to change employment.

Unless a court rules to stop it, this ban will become effective in approximately four months (or around August 2024). Until then, both employers and employees should stay tuned for any updates.

Key components of the rule (if it takes effect):

  • The rule will override any state laws that otherwise purport to permit non-competition agreements.
  • For almost all employees and independent contractors, non-competition agreements will be unenforceable.
  • Employers will be required to formally notify their employees who have signed these agreements that the employer will not enforce them.
  • Employers will still be able to enforce existing non-competition agreements with their senior executives. “Senior executives” are those who (1) are in a policy-making position and (2) received more than $151,164 in total compensation in the preceding year. New non-competition agreements after the effective date will not be enforceable.
  • An exception will exist for some non-competition agreements tied to the sale of a business.

  • If you are an employer wondering how this rule change may affect your business and what you can do to prepare for it, reach out for a consultation today at https://woodlamping.com/contact-us/.

    About the Author

    Jeffrey R. Teeters

    Jeffrey R. Teeters

    Jeff Teeters practices in the firm’s Litigation Practice Area and serves as the practice area's chair.

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    Orly R. Rumberg

    Orly R. Rumberg

    Orly Rumberg practices primarily in Health Care and Business Law Practice Areas.

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