Federal Court blocks the FTC’s noncompete ban

Posted By: Jerrod Weaver Government Affairs, NFFS,

Hand holding pen over paper reading "Employee Non-Compete Agreement"On August 20, 2024, the U.S. District Court for the Northern District of Texas issued a ruling blocking the Federal Trade Commission's (FTC) proposed ban on noncompete clauses, which was set to take effect on September 4, 2024. This decision, stemming from the case Ryan LLC v. FTC, prevents the FTC from enforcing regulations that would prohibit noncompete clauses across the United States.

FTC’s Proposed Ban

The FTC's rule, announced on May 7, 2024, aimed to eliminate noncompete clauses for most employees, excluding senior executives. It intended to invalidate existing noncompete agreements for the majority of the workforce and required employers to notify employees that such agreements would no longer be enforced.

Court’s Findings

The court agreed with plaintiffs that the FTC exceeded its statutory authority and that the rulemaking process was arbitrary. Initially, the court had temporarily suspended the ban for the plaintiffs while considering the case. The final August 20th ruling confirmed the FTC’s lack of authority to enforce the ban, making it unenforceable for all employers.

Implications and Future Outlook

This ruling means employers do not need to revise existing noncompete agreements or stop enforcing them. Businesses can continue to operate under state laws, which vary significantly. However, the FTC may appeal this decision and if they decide to appeal future changes could still be enacted. Employers should stay informed on developments in this area to anticipate any shifts in the regulatory landscape.

Conclusion

This decision highlights the ongoing legal debate over federal versus state regulation of employment practices. It provides temporary clarity but points to possible future disputes and changes in how noncompete clauses are regulated.


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