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What do you need to know about the FTC’s new regulations on non-compete agreements? How will this affect your company?

The Federal Trade Commission (FTC) has introduced new regulations regarding non-compete agreements in the workplace. These changes are expected to significantly impact employers across the United States. Businesses and HR professionals need to know these changes and their implications to ensure ongoing compliance and make informed decisions.

Launchways is here to help!

Key Changes in FTC’s Final Regulation

The FTC’s final regulation was introduced under the Federal Trade Commission Act. It marks a nationwide prohibition on the use of employer non-compete agreements. However, there’s a small exception. Existing agreements for “senior executives” earning over $151,164 annually in “policy-making positions” can continue. However, no new ones can be initiated.

One key aspect of the final regulation is that employers are not required to formally modify existing non-compete agreements. Instead, they must provide written notice to affected employees. They must inform them that their non-compete agreements will no longer be enforced.

Implications and Challenges

The implementation of the FTC’s final regulation is expected to have widespread implications for businesses and the legal landscape. Stakeholders are anticipated to challenge the regulation’s scope and authority, which will likely lead to increased litigation.

Legal challenges against the FTC’s regulation are likely based on administrative overreach claims. Some may argue that the FTC’s authority does not extend to such sweeping changes. Litigants may take steps to prevent the regulation from taking effect. They may point to the past control of non-compete agreements by state laws.

Navigating this regulatory landscape poses several challenges for employers. These will be seen in terms of implementing new non-compete agreements and managing existing ones. The final regulation is expected to take effect 120 days after publication in the Federal Register. Until then, employers have a window to assess their strategies and compliance measures.

How Launchways Can Help

If your business relies on non-compete agreements, staying informed and getting help if needed is essential. Launchways can guide you through these changes, keeping you informed as updates occur. Stay compliant and focused on your business while we help. Partnering with Launchways means you don’t have to navigate these changes alone.

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