Wilson McCoy P.A. Work Matters
Make Your Consultation | 407-803-5400
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy, P.A.
407-803-5400
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy P.A. Work Matters
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
      • Contract Disputes
        • Employment Contracts
        • Non-compete Agreements
        • Severance Agreements
      • Discrimination
        • Age Discrimination
        • Disability Discrimination
        • Gender Discrimination
        • National Origin Discrimination
        • Pregnancy Discrimination
        • Race Discrimination
        • Religious Discrimination
        • Family Medical Leave Act
        • Sex Discrimination
        • Sexual Harassment
        • USERRA Military Leave
    • Employer Services
      • Business Organizations & Startups
      • Commercial Disputes
      • Counseling, Advice, Training
      • Employment Litigation
    • Mediation
      • The Benefits Of Mediation
    • Small Business & Startups
      • Aveda Information
      • COVID-19 Concerns
      • Orlando Business Attorneys
    • Union Services
      • Private Sector Labor Relations
      • Public Sector Labor Relations
    • Same Day Severance Review
    • Wage And Hour
      • Meals & Rest Breaks
      • Mediation & Arbitration
      • Misclassification Of Employees
      • Unpaid Overtime
      • Unpaid Wages
    • Whistleblowing/ Retaliation
      • False Claims Act
  • En Español
  • Flat-Fee Services
  • Video Center
  • Blog
  • Contact

 407-803-5400​

Strategic Legal Guidance For Every Aspect Of Your Work Concerns

FTC proposes banning noncompete agreements, but not all agree

It is common for employers in Florida to require employees to sign a noncompete agreement either while employed or upon leaving the company. Recently, the U.S. Federal Trade Commission (FTC) has proposed a rule that could change this practice.

The FTC’s proposal

The FTC has proposed a change to noncompete rules under federal antitrust regulations. The proposal would ban employers from requiring most types of workers to sign noncompete agreements. Current noncompete agreements would be made invalid.

The FTC stated that employers use noncompete agreements to keep workers from freely leaving their employment to obtain a higher-paying position or a position with more favorable working conditions.

If the rule becomes effective, the FTC estimates that wages in the United States will increase by a combined $300 billion annually, giving around 30 million workers the chance to pursue a higher-quality job elsewhere.

Opposition to the proposal

Not all are on board with these changes. Specifically, the U.S. Chamber of Commerce has opposed the proposal stating it constitutes overreach by the FTC and that state law should continue to regulate the use of noncompete agreements. The U.S. Chamber of Commerce is contemplating pursuing a lawsuit against the FTC.

The current state of noncompete agreements

Currently, noncompete agreements are still enforceable in many states. They can prohibit employees from seeking jobs with competing companies within a specific geographic scope and for a specific amount of time.

Noncompete agreements are meant to protect an employer’s interest in preserving trade secrets, protecting business operations and retaining the value of training workers to perform specific jobs.

However, noncompete agreements are only enforceable if they protect a legitimate business interest, the time limitations are reasonable and the geographic scope is specific. Noncompete agreements cannot be so overbroad as to make it unduly difficult for an employee to earn a living elsewhere.

So, for the time being noncompete agreements are enforceable in most states, including Florida. The FTC’s proposal could change this, but that remains to be seen.

Recent Posts

  • When “culture fit” becomes a legal risk
  • 5 clauses in severance agreements that can affect your career
  • What to do when a whistleblower’s performance has been declining?
  • Signs of age discrimination during a layoff
  • Remote work bias in Florida workplaces: 2 issues to watch

Archives

Categories

  • blog
  • Discrimination
  • Employment Law – Employee
  • Employment Law – Employer
  • Firm News
  • Severance Agreements
  • Wage And Hour Laws
  • Whistleblowing

RSS Feed

Subscribe To This Blog’s Feed

Office Location

932 N. Maitland Ave.
Maitland, FL 32751

Phone: 407-803-5400

Maitland Office
Review Us

How Can We Help?

Do you have a workplace matter on your hands? Get a team that understands the nuances of Florida employment law from both sides of the courtroom. Schedule your consultation today.

© 2026 Wilson McCoy, P.A. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw