New federal rule would bar 'noncompete' agreements for most employees

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The Biden administration has taken aim at noncompete measures, which are commonly associated with high-level executives at technology and financial companies but in recent years have also ensnared lower-paid workers, such as security guards and sandwich-shop employees. A 2021 study by the Federal Reserve Bank of Minneapolis found that more than one in 10 workers who earn $20 or less an hour are covered by noncompete agreements.

The agency received about 26,000 comments on the proposal, most of them in favor. The rule, which doesn't apply to workers at non-profits, is to take effect in four months unless it is blocked by legal challenges. Two Republican appointees to the FTC, Melissa Holyoak and Andrew Ferguson, voted against the proposal. They asserted that the agency was exceeding its authority by approving such a sweeping rule.

"If they were to start exercising that authority, you're really opening a Pandora's box," said Neil Bradley, executive vice president at the Chamber. "There's literally no limitations on what people one day can decide is an unfair method of competition."

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