The U.S. Federal Trade Commission’s move to outlaw employment agreements that condition workers’ jobs on their promise to steer clear of work for competing firms is expected to face challenges that could block or narrow the measure.
“I don't think that rule as proposed is going to stand only because it is so broad, so vague, so general,” Peter Glennon, a business and employment attorney, told Yahoo Finance. “I perceive this proposed initial rule as a framework that they're hoping people will help them shape to be a little more focused.”
The proposed rule does carve out exceptions to allow businesses to maintain some non-competes – such as when a business owner stays on as an employee after selling their firm to a new owner or when an employer pays expenses to train a new hire.For one, they say the FTC, part of the executive branch of the U.S.
“What happens in that scenario where those benefits have been paid or partially paid, or where those stock options have vested?" Feicht said. "Does the employee have to return them because they’ll no longer be governed by their agreement?” The proposed rule doesn’t address those questions, though the FTC could address them in its final rule. For now, the public has 30 initial days to submit comments on the proposal. The Commission will then undertake another review and then decide whether it should make the proposed orders final or take other action.
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