Comment on the Show by Sending Mark a Text Message.
I am tracking the developments of the legal case of Ryan LLC v. Federal Trade Commission, 5th Circuit Court of Appeals case, 24-10951. I have collected the relevant briefs from the parties, but not amicus (friend of court) briefs because there are too many of them. I have also included a very interesting interview in February 2025 at Harvard Law School by FTC Chairman Ferguson (age mid 40s, former clerk to Justice Thomas) concerning his thoughts about law and economy/the markets and specifically about noncompetition agreements which he believes violate the Sherman Act (antitrust). Chairman Ferguson was a Biden appointee that President Trump moved up to the Chairman position.
There is a lot of important information for all points of view in this episode and the briefs, for employees seeking help from noncompetes, for lawyers and judges looking for insight and for businesses seeking to predict the future of these restraints on trade/employees.
This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!
A heated battle is unfolding over the Federal Trade Commission’s ambitious attempt to ban non-compete agreements nationwide—a move that would directly impact an estimated 30 million American workers and potentially reshape the entire employment landscape.
At stake is the fundamental balance between worker mobility and business protection. The FTC presents compelling evidence that non-competes suppress wages, stifle innovation, and restrict career advancement. They highlight cases like a software engineer whose promising app idea remained undeveloped for two years due to restrictive post-employment clauses. Their mountain of economic studies and worker testimonials paints these agreements as harmful shackles on both individual opportunity and broader economic growth.
Meanwhile, the Chamber of Commerce and affected businesses are fighting back fiercely, arguing the FTC has dramatically overstepped its authority. They’ve invoked the “major questions doctrine,” essentially claiming that such sweeping economic regulation requires explicit congressional approval. Companies like Ryan LLC contend that without non-competes, they face existential threats from employee poaching and client theft after investing substantially in specialized training. The constitutional questions raised go far beyond employment contracts to the very heart of regulatory power in America.
The case has already seen significant legal developments, with a district court temporarily halting implementation through a nationwide injunction. As this battle potentially heads toward the Supreme Court, the implications extend beyond non-competes to fundamental questions about agency authority and the separation of powers. Whether you’ve personally signed a non-compete or not, this landmark case will likely reshape how regulations are crafted and enforced across industries for decades to come. What’s your experience with non-competes, and do you think they protect legitimate business interests or unfairly restrict worker freedom?
Show Notes:
The following legal briefs have been filed in the 5th Circuit:
Brief by Federal Trade Commission
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.