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Commonly Asked Questions about Non-Competition Agreements

US FTC Rule Banning Non-Competes. On April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to finalize and promulgate a rule banning most non-compete clauses in employer-employee contracts.
On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and workers as unfair method[s] of competition and requires employers to refrain from enforcing most existing non-compete agreements.
On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (Final Rule), which bans post-employment non-compete clauses between employers and their workers.
Under case law, non-competes will only be enforceable if they are no wider than reasonably necessary to protect a legitimate interest (e.g. protection of confidential information or customer contacts) and are not contrary to the public interest.
Mandatory notice requirement By September 4, 2024, employers must provide notice to workers subject to a non-compete clause via mail, email, or text message, that the clause will not be, and cannot legally be, enforced.
However, certain factors can render a non-compete agreement unenforceable, such as if it is considered unreasonable in time or geographic scope, or if the reason for termination, such as the employer discontinuing a line of business, invalidates the agreement.
For a period of one (1) year immediately following the termination of your employment, You will not, for yourself or on behalf of any other person or business enterprise, engage in any business activity which competes with the Company within miles of the facility in which you were employed.
A non-compete agreement legally binds a current or former employee from competing with an employer for a specific time after employment ceases. Under such an agreement, the employee must not reveal any trade secrets learned during or after employment.