Professor Orly Lobel Publishes Op-ed in The Hill on the Case for a Nationwide Ban on Noncompetes

Orly Lobel Publishes Op-ed in The Hill on the Case for a Nationwide Ban on Noncompetes

Orly lobel (left) and the hill logo (right)

SAN DIEGO (January 24, 2023) – University of San Diego (USD) School of Law Warren Distinguished Professor of Law, Orly Lobel, recently co-authored an op-ed in The Hill titled, “The business case for a nationwide ban on noncompetes.”

Professor Lobel published the op-ed with Rachel Arnow-Richmond, the Gerald D. Rosenthal Chair in Labor & Employment Law at the University of Florida Levin College of Law. It comes on the heels of the U.S. Federal Trade Commission (FTC) announcing that it was taking legal action against multiple companies and individuals to force those parties to drop noncompete agreements affecting thousands of workers.

Professor Lobel and Professor Arnow-Richmond argue that “Noncompete agreements stifle economic development, limit firms’ ability to hire and depress innovation and growth. A nationwide ban will fuel economic expansion and support competitive markets.” They describe the prevalence of noncompete clauses and explain the pervasiveness of such clauses in contracts both for high-level employees and low-wage workers.

The authors use Silicon Valley, California as an example of how bans on noncompete clauses, like the one California has, can benefit businesses. They end the op-ed by describing the current regulation of noncompete clauses and the prospect of expanded regulation in the future. Professor Lobel and Professor Arnow-Richmond write, “Debates about workplace regulation are too often viewed through the distorting lens of labor versus business… But everyone stands to gain from a nationwide ban on noncompetes.”

Read the full op-ed here.

About Warren Distinguished Professor of Law Orly Lobel

Warren Distinguished Professor of Law and University Professor Orly Lobel is the founding director of the Center for Employment and Labor Law.  Lobel is among the most cited legal scholars in the country and has received numerous awards in recent years, including the Thorsnes Prize for Outstanding Legal Scholarship and the Irving Oberman Memorial Award. Her three books have won prestigious awards and have shaped policy debates. Her newest book is titled The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future.

About the University of San Diego School of Law

Each year, USD educates approximately 800 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest law and taxation.

USD School of Law is one of the 84 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 30th nationally among U.S. law faculties in scholarly impact and 28th nationally in past-year faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, independent, Roman Catholic university chartered in 1949.


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