News & Events

July 14, 2021

What Does President Biden’s Order on Noncompetes Mean for Employers?

Scott Mirsky, Principal

Scott Mirsky provided commentary for a Society for Human Resources article titled: “What Does President Biden's Order on Noncompetes Mean for Employers?,” by Lisa Nagele-Piazza, on July 14, 2021.

"Most likely, the FTC will look to how various states have addressed the issue," noted Scott Mirsky, an attorney with Paley Rothman in Bethesda, Md. Some states, such as California, ban noncompete agreements outright, while other states, including Virginia, prohibit noncompete agreements with low-wage workers.

"Since the thrust of the executive order seems to protect the ability of lower-wage workers to obtain higher wages and better work conditions, a ban on noncompete agreements with low-wage workers may be the best approach for the FTC," Mirsky said.

The full article, “What Does President Biden's Order on Noncompetes Mean for Employers?,” can be found on SHRM.org.

Scott Mirsky is a Principal in the firm’s Employment Law and Litigation practice groups.

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