Why Noncompete Clauses Still Exist in 2026 episode artwork

EPISODE · May 27, 2026 · 10 MIN

Why Noncompete Clauses Still Exist in 2026

from The Compensation Podcast with Fexingo: Pay Transparency, Equity, Bonuses, and Total Comp · host Fexingo

The FTC banned noncompete agreements nationwide in 2024, but companies are still using them through loopholes like deferred compensation clawbacks and non-solicitation clauses with de facto restrictions. Lucas and Luna dig into a real case: a mid-level marketing manager at a Dallas software firm whose equity grant came with a 'forfeiture upon competitive engagement' provision that effectively acted as a noncompete. They break down how these work, why the FTC ban didn't close every loophole, and what employees should watch for in their offer letters. Plus, what the European Union's approach to post-employment restrictions looks like compared to America's patchwork. Specific, practical, and grounded in the current May 2026 landscape. #NoncompeteClauses #FTCRule #EmploymentLaw #EquityCompensation #DeferredCompensation #PayTransparency #EmployeeRights #Careers #BusinessPolicy #SoftwareIndustry #TexasEmployment #EUEmploymentLaw #RestrictiveCovenants #NonSolicitation #ForfeitureProvisions #FexingoBusiness #BusinessPodcast #TheCompensationPodcast Keep every episode free: buymeacoffee.com/fexingo

The FTC banned noncompete agreements nationwide in 2024, but companies are still using them through loopholes like deferred compensation clawbacks and non-solicitation clauses with de facto restrictions. Lucas and Luna dig into a real case: a mid-level marketing manager at a Dallas software firm whose equity grant came with a 'forfeiture upon competitive engagement' provision that effectively acted as a noncompete. They break down how these work, why the FTC ban didn't close every loophole, and what employees should watch for in their offer letters. Plus, what the European Union's approach to post-employment restrictions looks like compared to America's patchwork. Specific, practical, and grounded in the current May 2026 landscape. #NoncompeteClauses #FTCRule #EmploymentLaw #EquityCompensation #DeferredCompensation #PayTransparency #EmployeeRights #Careers #BusinessPolicy #SoftwareIndustry #TexasEmployment #EUEmploymentLaw #RestrictiveCovenants #NonSolicitation #ForfeitureProvisions #FexingoBusiness #BusinessPodcast #TheCompensationPodcast Keep every episode free: buymeacoffee.com/fexingo

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Why Noncompete Clauses Still Exist in 2026

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This episode was published on May 27, 2026.

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The FTC banned noncompete agreements nationwide in 2024, but companies are still using them through loopholes like deferred compensation clawbacks and non-solicitation clauses with de facto restrictions. Lucas and Luna dig into a real case: a...

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