Update: Challenges to the FTC Rule Banning Noncompetes 2024
| NOTICE: On August 20, 2024 the US District Court for the Northern District of Texas entered a final order staying the noncompete rule and enjoining the FTC from implementing and enforcing the rule. Citing the Administrative Procedures Act, the Court “set aside” the Rule, thereby mandating a nationwide injunction. Read more. |
Endorsed by the Labor & Employment Law Section of the State Bar of Wisconsin
The future of the final rule
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning the use of noncompetes in employment nationwide. The ban would have significant implications for employers and the estimated 30 million workers in the U.S. that have been or currently are subject to noncompete agreements.1 But three pending legal challenges to the FTC’s rule, including Ryan v. Federal Trade Commission, could lead to a partial or complete stay of the ban.
For employers taking a wait-and-see approach before making changes to existing agreements, Update: Challenges to the FTC Rule Banning Noncompetes highlights critical developments and deadlines to take note of.
| NOTICE: On August 20, 2024 the US District Court for the Northern District of Texas entered a final order staying the noncompete rule and enjoining the FTC from implementing and enforcing the rule. Citing the Administrative Procedures Act, the Court “set aside” the Rule, thereby mandating a nationwide injunction. Read more. |
Endorsed by the Labor & Employment Law Section of the State Bar of Wisconsin
The future of the final rule
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning the use of noncompetes in employment nationwide. The ban would have significant implications for employers and the estimated 30 million workers in the U.S. that have been or currently are subject to noncompete agreements.1 But three pending legal challenges to the FTC’s rule, including Ryan v. Federal Trade Commission, could lead to a partial or complete stay of the ban.
For employers taking a wait-and-see approach before making changes to existing agreements, Update: Challenges to the FTC Rule Banning Noncompetes highlights critical developments and deadlines to take note of. Robert B. Corris will guide you through:
- The history of the FTC final rule
- The motion to stay and enjoin in Ryan v. FTC
- The source and scope of the FTC’s rule-making authority
- Application of the “major questions doctrine”
- Analysis under the nondelegation doctrine
You’ll also discuss how the ban on noncompetes impacts employers and employees in Wisconsin.
Help employer and employee clients prepare for compliance or next steps with Update: Challenges to the FTC Rule Banning Noncompetes.
Product details
- Familiarize yourself with the FTC’s final rule and evaluate potential next steps for employers and employees
- Assess the viability of the FTC’s ban on noncompetes going forward
- Understand how the ban on noncompetes impacts Wisconsin law
- Prepare for potential changes to employment contract drafting
- Know the latest developments in litigation challenging the FTC’s final rule
- Labor and employment lawyers
- Health lawyers
- Business lawyers
- Administrative and local government lawyers
- Construction lawyers
- General practitioners