On Tuesday, August 20, 2024, a federal judge issued an order blocking the pending nationwide ban on noncompete agreements which was scheduled to take effect in a matter of days. In April 2024, the U.S. Federal Trade Commission (“FTC”) voted 3-2, along party lines, to approve a final rule essentially banning virtually all new noncompete agreements and clauses in employment contracts —a potential change that would impact millions of U.S. workers by allowing them to leave their jobs to work for competitors or to start a competing business.
In her ruling, Judge Ada Brown, U.S. District Judge for the Northern District of Texas, sided with a group of plaintiffs, including the U.S. Chamber of Commerce and a Texas-based tax firm that sued to block the ban, alleging that the ban exemplified agency overreach and would make it harder for companies to retain talent. In a 27 page opinion, Judge Brown ruled that the FTC lacked the authority to enact the ban, which she said was “unreasonably overbroad without a reasonable explanation” and “arbitrary and capricious.”
In addition to casting further doubt on the future of noncompetes, Judge Brown’s ruling signifies further judicial disagreement over the role of regulatory agencies in America—especially on the heels of the U.S. Supreme Court’s recent decision to overturn the federal judiciary’s forty-year-old practice of deferring to agencies’ interpretations of ambiguous federal laws.
The Northern District case is currently one of three on-going lawsuits challenging the FTC’s non-compete rule. The others are pending in Florida and Pennsylvania, with one judge initially siding with the FTC and the other against. Neither of those suits has yet reached a final determination on the FTC’s rulemaking authority.
While the FTC’s ban has now been struck down, employers nationally can continue using noncompete agreements—so long as they comply with existing state-specific restrictions. Without this ruling, the FTC’s noncompete ban was scheduled to go into effect on Wednesday, September 4, 2024. Instead, the issue is now likely headed to the Fifth Circuit Court of Appeals.
Brunini’s Labor & Employment specialists are monitoring these events and will update you accordingly. In the meantime, feel free to contact any member of Brunini’s Labor & Employment Practice Group if you wish to discuss.