The Federal Trade Commission has recently proposed new regulations that would prohibit employers from imposing Non-Compete agreements on employees. These new regulations will potentially impact businesses and their employees across nearly every sector of the economy.
Currently, the average American worker has approximately 12 jobs throughout their lifetime. In the constantly evolving commercial landscape of today’s economy, such transitioning is a way of life for most workers due to the highly competitive nature of today’s business world. Quite often, when an employee leaves one position to pursue another opportunity, especially if it is in the same industry, those employees must carefully consider the terms of Non-Compete agreements contained in their original employment contracts. Similarly, businesses seeking to maintain their intellectual property and trade secret rights will carefully evaluate the need to take action to enforce Non-Compete contracts if there is a risk of harm to their business as the result of the actions of a departing employee.
The Federal Trade Commission’s newly proposed regulations will certainly change the existing landscape for industries and employees. Businesses will need to reconsider alternatives available to them to protect their intellectual property and trade secret rights. Employees may find that they have more freedom than previously to leave their current position and work for competing businesses. The FTC’s Chair, Lina M. Khan, recently commented that “Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand.”
Plakas Mannos’ attorneys have represented businesses across numerous industry sectors in high-stakes litigation and business planning with regard to Non-Compete agreements. With this newest landscape evolution, allow our attorneys to help you navigate this uncharted terrain. Our attorneys are here to assist in all your Non-Compete related issues, including, retention of intellectual property/trade secrets, avoidance of fines/sanctions, and more!