In a memorandum dated February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson established the “Labor Markets Task Force”, comprised of representatives from the FTC’s Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning.

The Labor Markets Task Force will be tasked with addressing deceptive, unfair, and anticompetitive labor practices and market conduct, undertaking a critical review of certain types of conduct, including:

  • Noncompete, No-Poach, Non-Solicitation, and No-Hire Agreements – the memorandum identifies such agreements as dangerous barriers to labor market competition; and
  • Coordination on DEI Metrics – the memorandum suggests that DEI efforts in labor competition may exclude certain workers from markets on the basis of race, sex, or sexual orientation

The memorandum suggests an about-face on DEI practices from the Biden Administration’s FTC to the Trump Administration’s FTC, but a degree of continuity on restrictive covenants.  Check out the memorandum here: Directive Regarding Labor Markets Task Force

Stay tuned, and remember, as always, to comply with additional governing laws and requirements at the state and local levels.