Court again imposes restrictions on employees with non-compete clauses – Computerworld

Oh boy, judges now get the final say in setting detailed policy. I’m elated. This is just another chapter in the ongoing debate over the balance of power between federal agencies and the judiciary. Given the way the courts, particularly the Supreme Court, have ruled recently, I’m not exactly thrilled.

The FTC isn’t happy either. I expect they’ll appeal. (I don’t have high hopes for their chances with the current Supreme Court.) Either way, the FTC will continue to pursue non-compete agreements through case-by-case enforcement actions. The odds of much success are slim, but we can hope.

While the FTC ponders its next steps, companies and employees remain in limbo over the fate of non-compete agreements. I expect companies will continue to honor their agreements until the FTC or the courts rip their cold, dead fingers off.