A federal court in Texas has issued a temporary block on the government's ban on noncompete agreements, which was set to take effect on September 4. The ruling came after Ryan LLC, a tax services firm based in Dallas, filed a lawsuit challenging the ban. The Federal Trade Commission (FTC) had narrowly voted in April to implement the ban for nearly all U.S. workers.
Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued the ruling, postponing the ban's effective date for the plaintiffs involved in the lawsuit. In her decision, Judge Brown stated that the plaintiffs are likely to succeed on the merits of the case and that a temporary block is in the public interest. She added, “While this order is preliminary, the Court intends to rule on the ultimate merits of this action on or before August 30, 2024."
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Ryan LLC's lawsuit was supported by several business organizations, including the U.S. Chamber of Commerce, Business Roundtable, and the Texas Association of Business. The lawsuit argued that the FTC overstepped its authority by declaring all noncompetes unfair and anticompetitive. Judge Brown agreed, stating that the FTC lacks the substantive rulemaking authority regarding unfair methods of competition.
In response, an FTC spokesperson maintained that their authority is well-supported by statute and precedent, emphasizing the agency's commitment to eliminating unlawful noncompetes that stifle innovation and economic growth.
Noncompete agreements affect an estimated 30 million American workers, or about one in five employees. These agreements typically prevent workers from joining competing firms or starting their own businesses. The FTC has argued that banning noncompetes would free workers to pursue better opportunities, potentially leading to nearly $300 billion in wage increases annually and the creation of 8,500 new businesses each year.
Businesses, particularly those with significant confidential information at stake, have expressed concerns over the ban. Ryan LLC argued that the ban would cause “serious and irreparable injuries" by exposing their confidential information and enabling competitors to poach trained employees. John Smith, Ryan LLC's general counsel, praised the court's decision as a significant step toward invalidating the rule that burdens employers and employees alike.
A similar case brought by ATS Tree Services, a small Pennsylvania tree care provider, is scheduled for a hearing on July 10. The court's order currently limits the preliminary injunction to Ryan LLC and the plaintiff-intervenors, including the U.S. Chamber of Commerce, Business Roundtable, Texas Association of Business, and Longview Chamber of Commerce. However, it does not extend to the member companies of these groups.
The FTC's proposed ban on noncompetes aims to enhance economic liberty and competitiveness. According to FTC Chair Lina M. Khan, noncompetes hinder workers from changing jobs freely, leading to lower wages and less innovation. The FTC estimates that less than 1% of workers, primarily senior executives, would be exempt from the ban.
