Policy Matters Podcast Episode 33 Part 1: FTC’s Crackdown on Non-Competes Through Agency Rulemaking

Policy issues often have long term widespread and pervasive impact on businesses. Not only can new governmental policies significantly affect the climate for business innovation and growth, they create precedents that affect future legislation and potentially spread across jurisdictions.

Each installment of the Policy Matters Podcast will provide timely updates regarding potential adverse impacts on benefits that policy changes can have on industry growth and offer a preview of what’s next in the competitive marketplace.

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Episode 33 Part 1: FTC's Crackdown on Non-Competes Through Agency Rulemaking

In an unprecedented move, the FTC has issued a Notice of Proposed Rulemaking that would render unenforceable all non-compete agreements currently in existence (with limited exception), and would bar employers from entering into any contract that that could conceivably prevent a worker from seeking or accepting certain employment, or operating certain businesses, after the conclusion of the worker’s employment with the employer. In Part One of our in-depth look at these proposed changes, host Scott Mallery is joined by experts Daniel Hart and Robert Milligan to discuss the fundamentals of non-compete agreements and what the rule’s adoption would mean for employers. Stay tuned for Part Two, in which the same hosts discuss potential constitutional challenges to the proposed rulemaking, as well as a bit on the politics undergirding this move.