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Not surprisingly, the NPRM has sparked a surge of commentary in the legal and business communities and immediately courted controversy.
There is absolutely no question that constraining ordinary Americans, from construction workers to nurses to hairstylists from starting their own businesses or switching jobs deprives them of a right.
As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking…
We don’t know whether the Federal Trade Commission is right that forbidding noncompete agreements in labor contracts will increase wages by nearly $300 billion per year. Nor do we have
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We don’t know whether the Federal Trade Commission is right that forbidding noncompete agreements in labor contracts will increase wages by nearly $300 billion per year. Nor do we have a strong opinion about whether the ban can be carried out via regulation, as just proposed, or requires legislation like the wise bipartisan Workforce Mobility Act; the courts will suss out the inevitable legal challenges. Finally, we think it’s possible the FTC has written its rule a bit too broadly, touching almost all employees in almost all sectors of the economy.