Employment Law This Week® - Can FTC’s Non-Compete Ban Survive Without Chevron Deference?

This week on Spilling Secrets, our panelists discuss the current state of the Federal Trade Commission’s (FTC’s) nationwide non-compete ban amid ongoing legal challenges.

Can FTC’s Non-Compete Ban Survive Without Chevron Deference?

The FTC’s ban on non-competes will go into effect on September 4, 2024, but legal challenges remain. So, how can employers prepare?

In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Erik W. Weibust, and Paul DeCamp tell us more about how the U.S. Supreme Court’s overruling of the Chevron doctrine might affect the FTC’s ability to regulate non-competes. They also discuss a Texas court’s preliminary injunction against the FTC’s non-compete ban* and how various legal challenges have led to a somewhat anticlimactic atmosphere in the employment landscape related to the ban.

*On Tuesday, July 23, after this episode was recorded, a federal judge in Pennsylvania reached the opposite conclusion and declined to temporarily halt the FTC’s non-compete ban.

Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law.

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

Other Highlights

Plaintiffs in Ryan Case Seek Nationwide Injunction of FTC Non-Compete Rule; U.S. Chamber of Commerce Also Seeks Associational Standing
Trade Secrets & Employee Mobility
Daniel R. Levy

Three-Part Series: Three Most Asked Questions Following the FTC’s Final Non-Compete Rule
Trade Secrets & Employee Mobility
Daniel R. Levy

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA
Workforce Bulletin
Adam S. Forman, Nathaniel M. Glasser, Frances M. Green, Alexander J. Franchilli, Tryphena Liu

Non-Competes Remain Enforceable in Rhode Island Following Governor’s Veto
Trade Secrets & Employee Mobility
Daniel R. Levy

Update on Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News
Trade Secrets & Employee Mobility
Daniel R. Levy

Your Workforce. Our Business.®
As a trusted leader in U.S. employment law, Epstein Becker Green supports employers from a variety of industries in mitigating risks, safeguarding reputations, and enhancing bottom lines.
Learn more about our employment, labor, and workforce management services: