The Federal Trade Commission is currently pursuing an appeal of a Texas district court’s decision to strike down its ban on noncompete agreements in employment contracts.
Moving forward, the noncompete ban is likely 'dead in the water' at the federal level.
However, noncompete agreements are still recognized at the state level, with California being an exception.
Both attorneys predict that the U.S. Department of Labor's overtime rule, raising the minimum annual salary threshold for overtime, will remain in effect without any federal challenges.