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> Given the hostility of the current Supreme Court to federal agencies, the pessimist in me says that this would be challenged by an employer go all the way to
by cataphract 4y ago
> Given the hostility of the current Supreme Court to federal agencies, the pessimist in me says that this would be challenged by an employer go all the way to the supreme court and be used by them to dramatically limit the power of FTC
More likely, in the short term it will be challenged in individual arbitration and we'll never hear about it.
- TSiege 4y agoI'm not sure that would not be possible given what the article describes. This regulation would retroactively nullify them and bar companies from trying to enact anything like a non compete period
- gnopgnip 4y agoThat isn’t how it works with non competes. The old employer threatens to sue the new employer unless they fire you.
- cataphract 4y agoYou can enforce non competes in arbitration. And arbitration awards cannot be put aside just because the arbitrators got the law wrong.