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Ftc Non Compete

FTC Redefines Senior Executives, Bans Noncompete Clauses

Fewer Than 1% of Workers Deemed Senior Executives

Under a new ruling, the Federal Trade Commission (FTC) has redefined the term "senior executive" and banned noncompete clauses for all workers.

Redefining Senior Executives

The FTC's final rule specifically defines a senior executive as an employee who:

  • Has the authority to hire or fire other employees
  • Supervises a substantial number of employees
  • Makes significant decisions that affect the company's operations

According to the rule, fewer than 1% of workers would meet the definition of a senior executive.

Ban on Noncompete Clauses

The FTC voted 3-2 to ban noncompete agreements in most cases, arguing that they unfairly restrict workers' ability to seek new employment and stifle competition.

The new rule applies to all workers, regardless of their job title or seniority. Employers will be prohibited from entering into, maintaining, or enforcing noncompete agreements with their employees.

Exceptions to the Rule

There are a few exceptions to the ban on noncompetes, including:

  • Agreements between employers and senior executives
  • Agreements entered into to protect a company's trade secrets
  • Agreements that are necessary to protect an employer's legitimate business interests

The FTC's new rule is expected to have a significant impact on the workforce, making it easier for workers to change jobs and pursue better opportunities.


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