July 7th, 2024

Judge says FTC lacks authority to issue rule banning noncompete agreements

A Texas judge ruled FTC lacks authority to ban noncompete agreements, casting doubt on enforcement. Lawsuit questions FTC's rulemaking power. Final ruling expected by August 30, impacting enforcement on September 4.

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Judge says FTC lacks authority to issue rule banning noncompete agreements

A US judge in Texas ruled that the Federal Trade Commission (FTC) lacks the authority to issue a rule banning noncompete agreements. The judge's preliminary ruling blocks enforcement of the ban against the plaintiff and other intervenors, casting doubt on the FTC's ability to enforce the rule. The FTC had issued a rule in April aiming to render most noncompete clauses unenforceable, citing them as unfair competition practices. The lawsuit against the FTC was brought by a tax services firm and supported by business groups. The judge's decision questions the FTC's rulemaking authority under the FTC Act, specifically sections 5 and 6(g). The ruling is seen as a setback for the FTC's efforts to restrict noncompete agreements, with implications for workers and businesses. The judge plans to issue a final ruling on the case by August 30, affecting the enforcement of the rule scheduled for September 4, 2024.

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A federal judge in Texas partially blocks the U.S. government's ban on noncompete agreements, citing harm to businesses. The ruling delays the ban's enforcement for plaintiffs, questioning the FTC's authority. Noncompete debate continues between job flexibility advocates and confidentiality protection supporters.

Federal judge partially blocks U.S. ban on noncompetes

Federal judge partially blocks U.S. ban on noncompetes

A federal judge in Texas partially blocked the U.S. government's ban on noncompete agreements, citing plaintiffs' likelihood of success and public interest. The FTC's ban aimed to enhance job mobility and competition.

Link Icon 4 comments
By @sgarland - 3 months
> The lawsuit claimed that noncompete clauses "benefit employers and workers alike—the employer protects its workforce investments and sensitive information, and the worker benefits from increased training, access to more information, and an opportunity to bargain for higher pay."

Oh, you’re serious. Sorry, let me laugh even harder.

Companies famously give out attractive raises to retain individuals. They definitely do not give out pittances, and then act shocked when said individuals leave for a competitor.

Honestly, I don’t give a shit if the FTC had the authority or not. Retroactively grant it to them or something. Non-competes are farcical for 99% of employees, and anyone trying to use them to bully people deserves to be mocked.

By @bionhoward - 3 months
Customer noncompete is also bad and most of the biggest AI companies are doing it right now. I worry about the impact on medical research.
By @486sx33 - 3 months
This represents the fundamental legal struggle that should have been solved in the Carter years. Out of control government agencies cannot change the country by issuing “rules” decided on by non elected officials.

Congress needs to act for many of these items.

We need to give the current speaker a lot of credit, not for his content, which is controversial at best. But for splitting up bills and trying to get back to “regular order” instead of wasting the year and then jamming through a frantic and gigantic “omnibus” bill at the 11 and a half’th hour.

I don’t care which side of the political spectrum you’re on, the bush patriot act was wrong, bill clinton’s omni bus actions were wrong and trumps presidential actions were overreaching and were wrong.

Governing by instructing your appointed federal agency leaders is the same garbage. This literally is the swamp they talk about. Congress needs to spend a lot more time exercising regular order. I encourage everyone to tell your congress-person this, the next time they ask for your vote or donation.

“Congress is broken” so fix it, don’t just say congress is broken and then embrace socialism and tyranny!!

The same centralization of power happened in Canada with the PMO’s office under Harper and then massively expanded again under the Trudeau liberals who expanded the size and role of the federal government in breathtaking ways.

By @helf - 3 months
Oh, a Texas judge. I'm shocked. Fucking shithole