Biden executive order sparks debate on physician noncompete agreements

July 15, 2021

President Biden issued an executive order last week, nudging the Federal Trade Commission to ban or limit non-compete agreements. Employment lawyer Jon Nadler told Healthcare Dive that the agency would most likely target the least controversial aspects of such agreements, like those covering low-wage workers who are unlikely to hold any trade secrets, “The broader the rule, the more likely an already-skeptical court will reject it as beyond the FTC’s authority,” Nadler said, adding that state bans on such agreements have been steadily increasing and are more likely to survive legal challenges.

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