FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition
This Part 910 shall supersede any State statute, regulation, order, or interpretation to the extent that such statute, regulation, order, or interpretation is inconsistent with this Part 910. A State statute, regulation, order, or interpretation is not inconsistent with the provisions of this Part 910 if the protection such statute, regulation, order, or interpretation affords any worker is greater than the protection provided under this Part 910.
So the military can no longer stop retirees from working in the civil service, or other inappropriate jobs.
The CIA cannot stop people moving over to the KGB.
Banks can’t stop people moving to the opposition’s dealing desk after lunch.
Or, as we might put it, the FTC isn’t, in fact, thinking.
Non-competes which apply to burger flippers are of course absurd. But there are areas where they’re both useful and entirely sensible.