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ARTICLE · 01 MAY 2024

Ban On Non-Competes In The US

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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The US Federal Trade Commission (FTC) has this week voted in favour of implementing an almost complete ban on employee non-compete obligations, having threatened to do so for a number of years and having been supported.

United StatesEmployment and HR

The US Federal Trade Commission (FTC) has this week voted in favour of implementing an almost complete ban on employee non-compete obligations, having threatened to do so for a number of years and having been supported by President Biden.

Are non-competes not already banned in parts of the US?

While a prohibition on the use of non-competes is nothing new in parts of the US - California has banned them for the past 150 years - any decisions in this regard had previously been taken at a state level. This new ban will be implemented at a federal level, meaning that it will apply across the country and will override any inconsistent state laws.

How will the rule affect businesses?

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