The court held that the FTC had improperly exceeded its statutory authority by creating a substantive Rule banning non-competes. The court also concluded that the Rule was arbitrary and capricious, in violation of the Administrative Procedure Act.
New California Laws Effective January 1, 2024, Senate Bill (SB) 699 makes it generally illegal for employers to enter into noncompete agreements with California employees. This applies to agreements signed both within and outside California.
What Happens If I Break a Non-Compete Agreement in Texas? If you violate the terms of a legally enforceable non-compete agreement, your employee may ask the courts for an injunction to stop improper competitive activity and pursue actions (such as a lawsuit) to recover financial damages.
On April 23, 2024, the FTC passed a final rule to ban most non-compete clauses in employment agreements, finding such agreements to be unfair methods of competition (the “FTC Rule”).
Yes, a company can prevent you from working for a competitor in Texas if you have signed a valid and enforceable non-compete agreement.
Under Texas law noncompete agreements can be enforceable if: The noncompete provision is part of an otherwise enforceable agreement. The non-compete requirement is supported by valid consideration (consideration meaning something of value provided to the employee).
The Texas court held the FTC lacked the statutory authority to issue the ban, ruling that the agency generally does not have the power to issue substantive rules regulating unfair methods of competition.
Texas Representative Christina Morales (D) introduced Texas House Bill 4067 (HB 4067), which seeks to prohibit most noncompete agreements in the state of Texas, on March 7, 2025. This bill, if enacted, would broadly restrict employers from enforcing noncompete agreements against workers, with limited exceptions.
On July 3, 2024, the court preliminarily enjoined the FTC from enforcing the Non-Compete Rule against the plaintiffs, finding that some of the plaintiffs' claims were likely to succeed on the merits. The court held that the plain text of the FTC Act authorizes only procedural rules regarding UMC.
Under the Noncompete Rule, the FTC adopted a comprehensive ban on new noncompetes with all workers, including senior executives.