The FTC is (Still) Looking at Your Noncompetes: 5 Steps for Employers to Avoid Trouble in a New Regulatory Area
A public workshop hosted by the Federal Trade Commission earlier this week signaled that the agency is still pursuing an aggressive enforcement agenda when it comes to noncompete agreements. While the Trump FTC takes the position that it does not have the authority to ban noncompetes outright, Tuesday’s workshop made clear that it will take on “abusive” agreements on a case-by-case basis – on behalf of both workers and consumers . Read on for highlights from the workshop and steps employers can take to stay on the FTC’s good side. 3 Biggest Takeaways From FTC Workshop The message from the FTC under both the Biden and Trump administrations is the same: abusive noncompetes are a problem. The difference is in their approach. Chairman Andrew Ferguson began the workshop by explaining how he views the FTC’s role in regulating noncompete agreements between employers and employees. He reiterated his position that the attempted Biden-era FTC noncompete ban was unlawful and tha...