Fallout From FTC's Non-Compete Ban: Implications for Businesses and Employees

On April 23, 2024, the Federal Trade Commission's (FTC) implemented a sweeping ban on non-compete agreements. Although the outcome of litigation over the ban remains to be seen, in the interim, the ban has upended the employment landscape. Whether you are an employer or an employee, it is essential to understand how this new rule could impact your business or job.

The FTC's decision rests on its belief that non-compete clauses suppress worker mobility, wages, and innovation. While there's potential for increased employee freedom, businesses must now carefully consider other avenues to protect their confidential information and valuable trade secrets.

Employers may face challenges safeguarding their intellectual property and preventing key employees from joining competitors. There are also fears that the ban could heighten talent poaching efforts, making talent retention more difficult.

Navigating this new legal landscape will require careful consideration. Our law firm can help you revise existing employment contracts, implement alternative measures for intellectual property protection, and advise you on strategies to manage talent retention in light of the FTC's non-compete ban. If you need legal assistance updating your employment practices, please don't hesitate to contact our firm at contactus@westdunn.com.