Baker Donelson recently published an article called “The End of Non-Competition Agreements? Not so Fast!” The article summarizes the Federal Trade Commission’s (FTC) final rule prohibiting most employers from binding the majority of American workers to post-employment non-competition agreements (Final Rule).
While the Final Rule’s enforcement is expected to be delayed and will likely never take effect, the Final Rule itself is a good reminder that non-compete agreements in the employee-employer context are under more scrutiny than ever and in some states, like California, Minnesota, North Dakota, and Oklahoma, are already banned as a matter of law.
