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This is a classic case of the seen and the unseen. FTC will showcase some egregious noncompetes that merit condemnation—the sort it could bring cases against and develop valuable precedent if it chose to act as authorized. It will then extrapolate from those egregious cases…1/3 https://t.co/MfFTmUSPXd
Fascinating order. Based on MQD; doesn't touch on Loper/stare decisis of Brand-X. Only mentions Loper at the end, re: concerns of flip-flopping & rule "has more to do with changing presidential administrations than with arriving at the true and durable 'meaning of the law.'" https://t.co/o5QjW7l8HA https://t.co/7mOAZz30Ib
This 5th Circuit stay of the DOT's airline fee disclosure rule foreshadows exactly how that court will limit FTC's rulemaking authority in the noncompete case. A master course in how to read statutes you don't like right out of the U.S. Code. https://t.co/F6ZLc6HoDY https://t.co/ZsewquWxPc
Pennsylvania has become the latest state to curtail the use of non-compete clauses, joining a broader movement against such agreements. The Federal Trade Commission (FTC) has announced that its ban on non-compete clauses will take effect in September, aiming to protect workers' rights to change jobs for better pay and safer working conditions. This move is expected to raise wages and drive innovation, potentially allowing the creation of over 8,500 new startups annually. Additionally, 98% of commenters from Massachusetts support the FTC’s Noncompete Rule. The rule change follows cases where non-compete clauses have prevented employees, such as a rare disease researcher who worked for 10 years, from leaving unethical work environments.
