Over the opening months of 2023, several significant governmental actions intended to chill the use of non-competes have taken place, including (i) the FTC’s notice of its intention to propose a ban on non-competes, (ii) the NLRB’s General Counsel opining that certain non-competes violate the National Labor Relations Act, and (iii) Minnesota’s banning of non-competes. Most recently, New York’s Legislature has taken action to curtail usage of the controversial restrictive covenants.
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