NELA

Empowering Workers' Rights Attorneys

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Non-Compete

NELA Statement on FTC’s New Rule Banning Non-Compete Clauses

The National Employment Lawyers Association (NELA) applauds the Federal Trade Commission’s (FTC) rule banning non-compete clauses, putting power back into the hands of workers to make decisions about where they work and what’s best for their families.

NELA members have been fighting coercive non-competes for their clients for decades and understand how these clauses stifle workers and limit their potential. NELA supports the FTC’s final rule, which bans new non-competes for all workers of for-profit companies and invalidates those companies’ existing non-competes, except for non-competes executed by “senior executives” before the FTC’s final rule takes effect. 

NELA submitted comments supporting the proposed ban in April 2023, when it was first proposed by the FTC. In voting on the final rule, FTC Chair Lina Khan and other Commissioners noted that non-competes exploit workers, prevent competition, and limit innovation. NELA is thrilled that the FTC’s ban will give workers freedom to leave abusive workplaces and to find better jobs.… Read More

NELA Comment on FTC’s Notice of Proposed Rulemaking, entitled, “Non-Compete Clause Rule”

Dear Chair Khan:

The National Employment Lawyers Association (NELA) and the National Institute for Workers’ Rights (“Institute”) submits these comments in support of the Federal Trade Commission’s Notice of Proposed Rulemaking, entitled, “Non-Compete Clause Rule.”

NELA is a national professional membership organization of and for lawyers who represent employees in all aspects of employment law. The largest organization of its kind in the country, NELA, together with its 69 circuit, state, and local affiliates, has more than 4000 members nationwide who variously represent employees in discrimination, whistleblower, wage and hour, health and safety, and contract disputes and who advise employees, partners, and independent contractors on employment-related agreements. NELA’s mission is to serve lawyers who represent employees, advance employee rights, and advocate for equality and justice in the workplace. NELA has filed numerous amici curiae briefs before the United States Supreme Court and other federal appellate courts on a wide range of employment law issues as well as comments on relevant Notices of Proposed Rulemaking. The mission of the National Institute for Workers’ Rights is to advance workers’ rights through research, thought leadership, and education for policymakers, advocates, and the public. As the nation’s employee rights advocacy think tank, the Institute … Read More