Unintended Consequences of Banning Noncompete Agreements

With President Joe Biden's urging as recently as the State of the Union address, the Federal Trade Commission's (FTC) proposed rule to ban all noncompete agreements (NCAs) continues to move closer to adoption. The proposed rule would outlaw any attempt to enter into, maintain, or represent to workers that they are subject to a noncompete—it would also require employers to notify workers that their non-competes are no longer enforceable.