At both the state and federal level, we are seeing new attacks on the ability of employers to use restrictive covenants in both employment agreements and independent contractor agreements. For example, the Federal Trade Commission has proposed a formal ban on any non-compete agreements, with a vote on this proposal currently scheduled to take place in April.

In addition, a group of bipartisan U.S. senators have introduced the Workforce Mobility Act of 2023, which, if passed, would also prohibit the use of non-competition provisions on a nationwide level.