‘She Can’t Own Me': Inside the FTC’s Proposed Ban on Noncompetes

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses. We’ll examine arguments for the ban, and hear from workers who’ve had their livelihoods crushed by covenants not to compete. We’ll look at arguments in favor of keeping noncompete agreements, and talk with business owners who say they’re crucial for keeping trade secrets confidential and protecting business relationships. Finally, we’ll explore a more fundamental question: Does the FTC have the legal authority to do this?

PODCAST: The first episode in a new series exploring the FTC’s proposal for a near-total ban on noncompete agreements.

Our first episode explores how this unprecedented proposal came to be. To understand just how out-of-the-ordinary this proposal is, we’ll journey into the history of the agency, whose past rulemakings got them labeled the “national nanny” by the Washington Post, and even led to threats of defunding.

Guests:

• Emily Olson, hair stylist
• Leah Nylen, Bloomberg News reporter
• Sandeep Vaheesan, legal director of the Open Markets Institute
• Evan Starr, professor at the University of Maryland

Transcript of Episode 1