If the Federal Trade Commission’s (FTC) final rule on noncompetes (the final rule) goes into effect – a big IF because it has already been challenged in at least two federal district courts – nearly every employer in the country would be left without the ability to enforce currently valid or enter into new noncompete agreements with their employees. This restriction applies regardless of the employees’ access to trade secrets and confidential information or level of compensation, which is a tectonic shift in the way many businesses operate and protect their most confidential materials.
