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On July 9, 2021, President Biden signed an Executive Order seeking to curtail the use of non-compete agreements and other terms of employment that arguably limit worker mobility an area of employment law that has traditionally been regulated by the states, not the federal government. The Order is not a mandate, but rather a roadmap that appears to be a policy directive only.
By its own terms, the Order does not[] create any right or benefit, substantive or procedural, enforceable at law or in equity by any party . . . . All eyes will be on the Federal Trade Commission (FTC), the agency tasked with defining what, if any, non-compete agreements may be deemed unenforceable or anticompetitive.