FTC’s Overreach Blocked. Good News for Long-Term Care and Senior Living Center Operators

Last week, US District Court Judge Ada Brown extended an earlier ruling blocking the FTC’s rule banning noncompetes to all employers, and not just those who were parties to the case before her.   This follows the Supreme Court’s decision to overturn the Chevron doctrine, which had ushered in decades of agency overreach and usurpation of legislative power.  The FTC may appeal the decision, but the Supreme Court most likely will uphold the decision.  However, health providers must ensure that their noncompetes comply with existing laws and will withstand legal challenges based on state laws.