The U.S. Federal Trade Commission (FTC) approved a rule banning most noncompete clauses. The effective date of the rule is September 4, 2024. As SESCO reported, a lawsuit was filed and the Plaintiff, Ryan LLC and later joined by the U.S. Chamber of Commerce, won the case. The Northern District Court of Texas blocked the FTC from enforcing the noncompete rule for Ryan LLC and the U.S. Chamber of Commerce. The court refused to issue a nationwide ban.

Given this result, as well as recent Supreme Court Rulings limiting Federal Agencies’ independence, SESCO does foresee continued challenges on the FTC’s noncompete rule between now and September 4th. SESCO will monitor developments and keep clients and subscribers informed.

As a refresher, the FTC’s rule on noncompete agreements includes:

For now, the noncompete ban remains scheduled to take effect on September 4, 2024, with respect to all covered employers other than Ryan LLC and the U.S. Chamber of Commerce.

If employers have any questions or concerns, we recommend they contact us to ensure compliance. For assistance, contact us at 423-764-4127 or by email at sesco@sescomgt.com.