Banning Employee Noncompetes: Are Proposed FTC and State Prohibitions Legal and Wise?

Event Video

In January 2023, the FTC announced a proposed rule that would ban noncompete agreements across much of the U.S. economy – a move President Biden lauded in last year’s State of the Union address. Similarly, the New York State Legislature passed a bill last year to ban noncompetes in the state—only for it to be vetoed by Democrat Governor Kathy Hochul.  

With the FTC vote on the proposed rule likely to take place this April, and nearly one in five American workers bound by noncompete agreements, what will be the impact of bans on employee noncompete agreements at the state and federal level? Is it legal for the FTC to make such decisions, or will this move run afoul of the Major Questions Doctrine?

Join us as we examine these questions and discuss how in-house counsels should respond to noncompete regulation. This program continues the discussion of last month's webinar on Antitrust Agencies' Scrutiny of Labor.


Tyler S. Badgley, Senior Counsel, U.S. Chamber Litigation Center

Robert S. Driscoll, Shareholder, Reinhart Boerner Van Deuren s.c

Prof. Evan Starr, Associate Professor, Robert H. Smith School of Business, University of Maryland

Moderator: Mark A. Schuman, Deputy General Counsel, Securities and Capital Markets, Comerica Bank



As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.