Cornell Keynotes21 Touko 2024

Are Noncompetes Really Dead?

The Federal Trade Commission (FTC) estimates that one in five American employees are bound by noncompete agreements that impose time or location restrictions on their ability to pursue work with or create competitor companies. In April, the FTC issued a rule banning noncompetes with the intent to “generate over 8,500 new businesses each year, raise worker wages, lower health care costs and boost innovation.”

Will a court issue an injunction against the rule? Does the FTC even have the power to make the call on noncompetes?

In this episode of the Cornell Keynotes podcast from eCornell, Stewart J. Schwab, the Jonathan and Ruby Zhu Professor of Law at Cornell Law School, joins host Chris Wofford to discuss these issues. The conversation covers:

Schwab’s approach to teaching noncompete agreements
Employee duty of loyalty
Purposes of noncompete agreements for employers
Infamous noncompetes at Jimmy John’s and Amazon
Applications of antitrust law in the labor market
Organized labor and workers’ rights
Non-disclosure, non-solicitation and training reimbursement agreements
Potential for injunctions and decisions from Congress and the Supreme Court

Read about the FTC’s final rule on noncompetes.

Explore employee duties, including noncompetes, wage and benefit regulations, anti-discrimination principles and more in Stewart J. Schwab’s Employment Law for Leaders online certificate program from eCornell.

Interested in other aspects of law and business? Consider these programs:

Follow eCornell on YouTube, Facebook, Instagram, LinkedIn, TikTok, and X.

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