Virtual Legality
Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
Can the FTC Really Ban Non-Competition Provisions? (VL781)
In this episode, Richard Hoeg delves into the complexities of Non-Compete Agreements, the Federal Trade Commission Act, and its implications. He examines the FTC's rulemaking on non-competes, the benefits and potential impacts of such agreements, and the origins of the FTC Act. He also discusses the non-delegation doctrine's potential impacts on FTC's authority. The episode wraps up with a Q&A session.
Key Points
- The FTC's new rule bans new non-compete agreements with all workers, including senior executives, and makes existing non-competes with workers other than senior executives unenforceable after the effective date of the final rule.
- The FTC's authority to issue such a rule is being legally challenged, with arguments centered around whether the FTC has overstepped its rulemaking authority under Section 6(g) of the FTC Act and if the rule falls under the major questions doctrine.
- Legal scholars and professionals predict overwhelmingly that the rule will be struck down in court, citing various potential grounds such as the major questions doctrine, non-delegation, and the arbitrary and capricious standard.
Chapters
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Transcript
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