Keep Increasing Pressure Against Noncompetes

Law360 (May 7, 2019, 1:54 PM EDT) -- The noncompete clause, a familiar piece of contract boilerplate that employers have used for centuries, has come under withering scrutiny in recent years. The last few months alone have witnessed several dramatic developments.

Several prominent organizations, including the anti-monopoly Open Markets Institute and the AFL-CIO, filed a petition with the Federal Trade Commission seeking a flat ban on noncompetes in employment contracts on the ground that they are unfair trade practices.[1]

Senators from both parties sent a letter to the U.S. Government Accountability Office asking it to investigate corporate reliance on noncompetes, and several Democratic senators, including two presidential candidates, sent a...

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