“The non-compete agreement would be unlawful under the Proposed Rule, regardless of whether consideration was paid.”
The FTC rule bans non-competes and the “de facto” kind too, like non-disclosures written so broadly they keep you out of your field. It already drew over 10,000 comments. The defense bar has its playbook ready: no rulemaking authority, the major questions doctrine and non-delegation. A worker cannot afford a lawyer to fight a non-compete. The companies that wrote them have already booked the webinar.