I’m aware. However, the rule is not in play. Even the FTC’s own website says so:
“The court entered a final judgment directing that the final rule not be enforced or otherwise take effect and explained that its ruling applies nationwide.”
EDIT: Unless, by “in play” you mean it still needs to navigate the legal system. Then yes. But the expectation is that it’ll reach the Supreme Court and die there.
“In play” means that it could be made effective at any point. The court ruling didn’t invalidate the rule, just suspended enforcement until after the case has been ruled upon.
However, the FTC appeal of enforcement suspension could be approved at any point, and it’s not out of the realm of possibility that they try to enforce retroactively to when the rule was made.
There aren’t going to be many businesses trying to implement or enforce non-competes until the rule is repealed or largely changed (which may never happen).
That’s just on the Federal level. States have their own limitations on non-competes.
The overarching point is that non-competes aren’t really “everywhere”. They’re outright illegal in many states, with a Federal rule in place to essentially ban them.
They’re out-right banned in only 5 states - that’s hardly “many”. Other states have stronger restrictions (generally salary). The legal battle over the FTC ban will eventually make its way to and be thrown out by SCOTUS, sadly.
I do agree that the ruling does make companies less apt to push NCAs and I’m happy for it. I’m not a fan of NCAs - they’re very anti-worker. But this idea that they aren’t prevalent (especially in some fields: IT, CS/InfoSec, Finance, Corporate Management - to name a few) and can’t be enforced just simply isn’t true. The issue is that they are prevalent and usually without merit - which is one of the many reasons the FTC wanted to do away with them.
That’s the last thing I’m saying about the NCA stuff. It’s too far of a departure from the original topic.
Is that the guy that makes the good movies? Do people want in on the mcdc coaching tree this bad?
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