Many of these states won’t apply non-competes to workers paid on an hourly basis or who earn below a certain income threshold.
This isn’t the most specific set of instructions, although that’s probably deliberate. This gives the FTC some leeway in how it wants to tackle the problem of employers unreasonably and excessively using non-compete agreements.However, it’s unlikely that the FTC will issue a ban on non-competes in all situations and to all workers. By reading between the lines in this EO, it appears that President Biden isn’t against using non-compete agreements if doing so will reasonably protect businesses.
Another interesting thing about Section 5 of the EO is that it could potentially apply to other restrictive covenants, like non-solicitation and non-disclosure agreements.Companies and business groups are expected to challenge whatever regulation or rule the FTC creates. This opposition can take the form of litigation in federal courts, lobbying President Biden to revoke this EO, or Congress could pass a law statutorily protecting the use of non-compete clauses.
Legislation can't interfere with a contract, so good luck with that one having any teeth
❤️💖
They hate business.
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