Key Takeaways
- The Federal Trade Commission's final rule bans most new non-compete agreements for U.S. workers.
- The rule is currently on hold due to a nationwide court injunction, creating legal uncertainty for businesses.
- Entrepreneurs must now prioritize alternative legal tools, such as Non-Disclosure Agreements (NDAs) and Non-Solicitation Agreements, to protect trade secrets and client relationships.
Opinions expressed by Entrepreneur contributors are their own.
The Federal Trade Commission (FTC) has triggered a seismic shift in U.S. labor policy, issuing a final rule that effectively bans new non-compete agreements. Long used to restrict worker mobility, these contracts are now in limbo after immediate legal challenges halted the rule.
This guide breaks down what you need to know to protect your business and turn disruption into advantage.
A deep dive into the FTC's final rule
The FTC's final rule declares that "non-compete clauses represent an unfair method of competition and therefore violate the FTC Act." This sweeping protection extends beyond employees to interns, contractors, volunteers and sole proprietors, aiming to boost worker mobility and innovation. States are following suit — New York, for example, has proposed banning non-competes for lower-wage workers.
The key exception: Selling your business
The rule carves out an exception for founders and business owners: non-competes are still allowed in selling a business, ownership interest or substantial...
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