Legal Challenges Pile Up Against FTC’s New Noncompete Ban

The Federal Trade Commission’s (FTC) vote to implement a ban on noncompete agreements, which has restricted workers from joining competitors operating in the same field, is encountering formidable legal opposition.  

The regulator’s commissioners 3-2 vote on Tuesday in favor of the ban is seen as a step to improve wage competitiveness and job mobility for roughly 30 million American workers — or 20% of the workforce.  

However, the rule’s broad economic implications have stirred controversy and prompted lawsuits from groups including the U.S. Chamber of Commerce and a Texas tax firm.  

According to a report published by Reuters, these groups argue that the FTC lacks the authority to enforce such a sweeping change, a stance bolstered by previous court skepticism towards expansive federal agency powers.  

It’s reported that the pending legal challenges have led the Chamber to block the rule from taking effect until the outcome of its lawsuit is known.  

The legal challenges, filed in courts known for conservative rulings, question whether the FTC can define and ban unfair competition without explicit Congressional approval. With the rule scheduled to take effect in August, these lawsuits could significantly delay or even nullify its implementation. 

The FTC, for its part, maintains that federal law clearly supports its rulemaking capabilities. However, the outcome of this legal battle remains uncertain and could have profound implications for the landscape of employment in the U.S. 

An implementation of the rule would see the workforce ramping up competition for skilled talent due to rival companies making new offers for top performers. Also, eliminating the strict non-compete agreements could lead to an increase in new companies operating within the same industry as former employers — potentially leading to spike in intellectual property lawsuits.