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Under the Noncompete Rule, the FTC adopted a comprehensive ban on new noncompetes with all workers, including senior executives. The final Noncompete Rule provides that it is an unfair method of competition—and therefore a violation of Section 5—for employers to enter into noncompetes with workers.
In fact, California law prohibits the use of non-competes.
For independent contractors, no prohibitions on working for a client's competitor, during or after the contractor is providing services to the client, are legal.
By definition, independent contractors can choose their products and cannot be punished for working for other employers. If your contractor wanted to hold you to a non-compete they would have needed to make you a W2 employee, not a 1099 independent contractor, and they would be subject to payroll tax and withholding.
The ban covers all non-competes for U.S. workers (including employees and independent contractors) with limited carve-outs, and is subject to certain exceptions based on the FTC's statutory authority.
You are bound by whatever conditions you agreed to in the non compete contract. You can leave the job and likely still practice in your given field. The most common restriction is one of distance. So you cannot leave your current company and go across the street to work for a competitor.
The ban covers all non-competes for U.S. workers (including employees and independent contractors) with limited carve-outs, and is subject to certain exceptions based on the FTC's statutory authority.
Non-Competitive Activity at New Employer: One of the most straightforward ways to overcome a noncompete is by ensuring that your new role with a different employer is in a non-competitive capacity. If you're not engaging in activities that directly compete with your former employer's business, you may be in the clear.
Firstly, yes, it would only apply to employees not true independent contractors. In any event, non-compete clauses are not generally enforceable in Canada. The only clauses that would be enforceable would be drafted with very specific language and boundaries.