Late last month, the Federal Trade Commission (FTC) finalized a nationwide ban on non-compete agreements, contractual clauses that preclude employees from working for competitors within designated temporal or geographical boundaries. In its press release, the agency professed to “protect[] the fundamental freedom of workers to change jobs.” The FTC, however, failed to note that its blanket ban infringes on workers’ fundamental freedom to enter private contracts by which they exchange increased pay and professional development for a commitment to refrain from defecting to competitors.
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