On April 23, 2024, in a closely contested decision, the Federal Trade Commission (FTC) moved to prohibit the use of noncompete agreements for most employment scenarios. These clauses, which typically restrict employees from joining or starting competing firms, have been a contentious issue in employment law.
FTC Chair Lina Khan highlighted the adverse impact of these agreements on workers, particularly those trapped in suboptimal or abusive work environments. During the months leading up to the decision, the FTC reviewed over 26,000 public comments, many of which detailed personal stories of hardship due to noncompete clauses.
One poignant account shared involved an individual constrained by a noncompete agreement after their employer underwent a merger that conflicted with the employee’s religious beliefs, effectively limiting their employment mobility.
The FTC’s action aims to liberate roughly 30 million workers, or about 20% of the U.S. workforce, from such agreements. By removing these barriers, the FTC anticipates a potential increase in workforce mobility and wages, possibly boosting overall wages by up to $300 billion annually.
While the new regulation will be implemented later this year and excludes existing agreements involving senior executives—which are often more meticulously negotiated—the FTC recommends against enforcing other existing noncompete clauses.
Despite the 3-2 vote, which split along party lines, dissenting commissioners, Melissa Holyoke and Andrew Ferguson, voiced concerns over the FTC’s authority, predicting legal challenges that could reverse the ban.
The U.S. Chamber of Commerce has also expressed strong opposition, arguing that noncompete agreements protect corporate interests such as trade secrets and incentivize investment in employee training.
This landmark decision marks a significant shift in employment practices, prioritizing economic and personal freedom over restrictive corporate policies.
