A Recent Ruling Overturning the FTC’s Ban on Non-compete Agreements: What It Means for Small Business Owners

September 9, 2024
  • A recent ruling by U.S. District Judge Ada Brown upheld the legality of non-compete agreements, blocking an FTC rule aimed at banning them.
  • Non-compete agreements prevent employees from working for competitors or starting their own businesses within a specified time and area after leaving a job, designed to protect sensitive business information.
  • FTC sought to ban these agreements in order to promote fair competition and empower employees to seek new job opportunities without fear of legal repercussions.
  • Business groups, including the U.S. Chamber of Commerce, oppose the ban on non-compete agreements, arguing they protect proprietary information, support small businesses' competitiveness, and promote workforce stability by reducing turnover.
  • Small business owners should ensure their non-compete clauses are reasonable and comply with legal standards while also focusing on building a strong company culture to retain talent.


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Recently, U.S. District Judge Ada Brown in Dallas blocked a Federal Trade Commission (FTC) rule aimed at banning non-compete agreements that employees typically sign. Judge Brown ruled that the FTC does not have the authority to eliminate practices it considers unfair competition through broad regulations. This decision follows a temporary ban imposed in July while she considered a challenge from the U.S. Chamber of Commerce, who wanted to invalidate the rule entirely. The FTC's regulation was supposed to take effect on September 4.


What is a non-compete agreement? 

Noncompete agreements are contracts that stop employees from working for competing companies or starting their own businesses within a certain time frame and geographic area after leaving their job. These agreements aim to protect sensitive business information and maintain a competitive edge, but they have faced criticism for limiting employee mobility and hindering wage growth.


The FTC's Justification for Banning Non-Compete Agreements

The Biden administration wanted to ban non-compete agreements as part of its broader effort to promote fair competition and enhance workers' rights in the job market. By restricting these agreements, the administration hoped to empower employees, giving them more freedom to pursue new job opportunities without the fear of legal repercussions from former employers. Moreover, the administration acknowledged that noncompete clauses can suppress wages and innovation, which may lead to slow economic growth. The goal was to create a more dynamic workforce, fostering competition and allowing workers to fully utilize their skills in a competitive economy.


Reasons for Business Groups' Lawsuits Against the Ban

Business groups, including the U.S. Chamber of Commerce, pushed back against the ban on non-compete agreements, arguing that these contracts are essential for protecting proprietary information and trade secrets. Many small businesses, which often operate with limited resources, depend on non-compete clauses to maintain their competitive edge and protect their investments in employee training. Additionally, employers argue that these agreements can promote stability in the workforce, preventing employees from leaving at the first offer and allowing companies to build knowledgeable teams without worrying about high turnover.


What Small Business Owners & Employers Need to Know

This ruling is significant for small business owners and employers. It reaffirms the legality of non-compete agreements, allowing them to enforce contracts that prevent employees from sharing proprietary information or directly competing for a certain time after their departure. However, it’s crucial for business owners to understand the legal details involved. Noncompete clauses need to be reasonable in terms of scope, duration, and geography to be enforceable. Small businesses should also stay informed about changes in workplace policies and ensure their practices comply with both federal and state laws, as regulations can differ greatly across regions.

While noncompete agreements can provide some protection, they shouldn’t be the only way to safeguard business interests. Employers should also focus on building a strong company culture and engaging employees to retain talent and reduce turnover. As the legal landscape continues to evolve, staying informed and compliant will be essential for small business owners facing this complex issue.



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The Leavenworth-Lansing Area Chamber of Commerce is a private non-profit organization that aims to support the growth and development of local businesses and our regional economy. We strive to create content that not only educates but also fosters a sense of connection and collaboration among our readers. Join us as we explore topics such as economic development, networking opportunities, upcoming events, and success stories from our vibrant community. Our resources provide insights, advice, and news that are relevant to business owners, entrepreneurs, and community members alike. The Chamber has been granted license to publish this content provided by Chamber Today, a service of ChamberThink Strategies LLC. 


By Lauren Batchelor November 17, 2025
We’re fast approaching the time of year where it can like you’re running a marathon on a tightrope. Customers need attention. Promotions are queued up to be launched (or designed). Your inventory is giving you nightmares and you have huge goals for the end of the year. And you’re supposed to stay cheerful, strategic, and somehow well-rested through it all. But the problem isn’t your big aspirations for 2026, nor does the problem lie in trying to solve the things you can’t control. It’s your habits. James Clear’s Atomic Habits reminds us that meaningful results come from the small, repeatable choices we make every day. During the holidays, those tiny decisions are the difference between burnout and breakthrough. When you build systems that work even when you’re tired, distracted, or knee-deep in ribbon, the season gets lighter and your business gets stronger. Here’s how to apply some of Clear’s most practical ideas to help you not just survive the holiday season, but launch into January with invincible momentum. Start with a 1% Mindset One percent doesn’t sound like much until you stack it day after day. You don’t have to reinvent your business. You don’t need a perfect storefront, flawless offers, or an Instagram grid that looks like a lifestyle magazine. Instead, choose one area to improve just slightly. Take that one small step toward your goal. Maybe it’s tightening up your email promo schedule. Maybe it’s creating a smoother checkout flow. Maybe it’s something as simple as promising yourself (and following through on) a good night’s rest for the next month. Small refinements reduce stress and increase sales. They also remind you that progress is happening, even in chaos. Re-design Your Environment Clear says our surroundings often shape our behavior more than our motivation does. This is especially true during the holidays when the pace is high and attention is scattered. Look around your space with strategic eyes. If your workspace feels cluttered, simplify it. If your best seasonal products aren’t visible at first glance, elevate them. If your team keeps losing pens, square readers, bags, or bows, create a “holiday command center” with everything in one place. Tiny environmental shifts create smoother systems. And smoother systems prevent those frantic moments when you’re internally screaming, “Where did we put the gift bags?!” Build Habits That Support Your Busiest Days The season is unpredictable, so anchor your day with predictable habits. A few anchors to consider: • A 5-minute morning reset, before opening or seeing clients • A quick end-of-day review: what sold, what slowed down, what needs restocking, what got clicks, what impact on our customers did we see? • A customer-touch habit: one message, one email, or one thank-you note daily • A “two-minute tidy” before leaving (your future self will adore you) Consistency creates stability. When everything else feels like holiday improv, these anchors act like rhythm lines on the page. Use Systems, not Willpower If you remember nothing else from this article…pay attention… Willpower gets weaker when you get tired. Systems don’t. If you want to post consistently on social media, schedule a week’s worth of content on one calmer afternoon. If you want to upsell a holiday special, script one clear line for every team member. If you want to stay on top of inventory, set an alarm that reminds you to check key items before the weekend rush. During the holidays, systems carry you when energy can’t. Make Good Habits Easy and Bad Habits Harder Clear’s “make it obvious, make it attractive, make it easy, make it satisfying” formula is your season’s secret weapon. Want your team to use the upsell script? Keep it taped near the register or near each desk. Want customers to sign up for your loyalty program? Put the QR code where people naturally pause and that can be more than one spot. Want to stop scrolling between transactions? Keep your phone in a drawer. Design beats discipline every time. Don’t Forget Identity: Who Are You Becoming This Season? In Atomic Habits, Clear says outcomes come from identity. While you’re navigating the busiest weeks of the year, take a breath and remember who you are as a leader. · Are you the business that handles crowds with warmth? · The business that makes people feel good? · The business that takes care of its team so they can take care of customers? When you anchor yourself in identity, your choices shift. You show up differently. You communicate more intentionally. You prioritize what matters instead of chasing every glitter-coated opportunity. And your customers feel it. Give Yourself Permission to Rest This sounds counterintuitive in a season that thrives on hustle, but rest is productivity’s partner. Clear reminds us that habits compound. That includes bad ones like exhaustion, resentment, and skipping meals. Take care of yourself the way you take care of your customers. Breaks aren’t indulgent; they’re fuel. Let the Season Shape You—Without Steamrolling You You don’t need massive change. You need micro-moves that create calm, clarity, and steady revenue. If you build the right habits now, January stops being a “recovery month” and becomes a runway. Your systems will be tighter. Your team will be stronger. And you’ll have proof that even small businesses can thrive in big seasons.  Read More: 16 Questions to Use to Prepare for Small Business Season Success How to Protect Your Peace During the Busiest Season in Business ------------- Christina Metcalf is a ghostwriter and speaker who believes in the power of story. She works with small businesses, chambers of commerce, and business professionals who want to make an impression and remain top of mind. She is the author of six books including her recent non-fiction book The Glinda Principle , rediscovering the magic within. _______________________________________ Facebook: @tellyourstorygetemtalking Instagram: @christinametcalfauthor LinkedIn: @christinagsmith
November 17, 2025
Traditionally, marketers at this time of year are busy trying to attract Black Friday and other shoppers in the days right after Thanksgiving. But thanks to the uptick in pre-Black Friday sales, today’s customers are shopping earlier than ever, spreading out their spending and looking for ways to avoid the December scramble. In fact, nearly half of U.S. shoppers now begin their holiday shopping before Black Friday. That means November isn’t just the warm-up. It’s your time to shine. With a few smart strategies, you can pull in customers before the big-box stores roll out their doorbusters and get a head start on holiday profits. Here are a few ways to catch shoppers’ attention: 1. Create a “Pre-Holiday Perk” Campaign Position early shopping as something special. Give early birds their own exclusive event—like “Thankful for You” week or a “Pre-Holiday VIP Preview.” Offer perks such as: An early access sale with limited quantities Complimentary gift wrapping for purchases before Thanksgiving Bonus loyalty points or small freebies with purchase Use phrases like “Avoid the rush—shop early and save more” or “Holiday magic starts now” to build urgency and show shoppers what’s in it for them. 2. Partner With Neighboring Businesses Join forces with nearby retailers, restaurants, and service providers to create a walkable or online “Shop Early, Shop Local” trail. Each participating business could offer something small (like a $5 coupon or treat) for visitors. when customers visit. This drives traffic as it reinforces community spirit and keeps dollars circulating locally. 3. Launch a “Grateful Giving” Promotion People love to feel generous in November. Tap into that with a cause-driven sale. Donate a percentage of early purchases to a local charity, food pantry, or school project or participate in a toy drive and give a special discount to those who donate to it. For example: A bakery could donate a loaf to a shelter or needy family for every dozen cookies sold. A restaurant could give a portion of sales on one night to a nonprofit. When shoppers know their purchase gives back, they’re more likely to buy early and buy more. 4. Bundle for the Busy Buyer Many shoppers are looking for quick, ready-to-give solutions. Create themed bundles that save them time and make you stand out. Think: “Cozy Night In” kits (candles, cocoa, and socks) “Local Taste Tour” boxes with hometown treats “Grill Master” or “Self-Care Sunday” sets Display them prominently and promote them as limited pre-holiday offers. Bonus: they make for great social media photos. 5. Host an Experience, Not Just a Sale Before the crowds hit, give people a reason to linger. Host a small in-store event, tasting, or workshop tied to the season: A “Holiday Decorating Tips” night at a home store A “Sip & Style” event at a boutique A “Pie Pairing” session at a café or winery Offer special pricing to attendees or a first look at holiday items. Events like these encourage people to shop early and to shop locally again later. 6. Reward the “Early Elves” Give a little something extra to those who shop before Thanksgiving. A small thank-you, like a coupon for their next visit in December, keeps them coming back. For instance: “Shop in November and get a $10 gift card to use in December.” It’s an easy, low-cost way to extend your holiday revenue window. 7. Promote Your November Hours and Offers Early Don’t assume customers know you’re ready for the holidays. Tell them! Use every channel you can: social media, window signs, email, and your Google Business Profile. (Don’t forget to tell us too!) Include photos of gift displays, new arrivals, or holiday décor to set the mood. And if you’ll have special hours around Thanksgiving week, post them early. One of the biggest mistakes small businesses make during this time of year is not communicating hours (or assuming because you posted once, that was enough). Many people shop online because they simply assume their favorite local store isn’t open when they want to shop. While that may be the case some of the time (no one in retail is staying open until 1:00 am just in case someone feels the need to shop), if you are extending your hours for the holiday season make sure everyone in town knows. 8. Lean Into Gratitude Messaging November is naturally about giving thanks so it’s a great marketing theme. Share posts thanking your loyal customers, featuring favorite local places or other businesses, or highlighting team members. People are more likely to support a business that feels human and heartfelt. Gratitude builds trust, and trust leads to sales. 9. Offer Early Access to Gift Cards or Experiences Gift cards are the unsung hero of early holiday marketing. Promote them as stress-free gifts before Thanksgiving with a small incentive: “Buy a $50 gift card, get $10 for yourself.” Restaurants, spas, and service businesses can pair cards with small add-ons—like a dessert, a product sample, or a digital thank-you card featuring local art. If you don’t have your own gift card program, become a participating merchant in ours. 10. Market to the “Planners and Procrastinators” Create messaging that speaks to both types of shoppers. For planners: emphasize peace of mind and avoiding the rush. For procrastinators: highlight easy solutions and limited availability. Example captions: “The best gifts don’t wait until December.” “Plan ahead, shop now, and then relax while everyone else stands in line.” November is full of potential for small businesses willing to act early. That’s why we started Small Business Season on November 1 st . Remember, we’re here to help promote your events, amplify your message, and connect you with other local businesses doing the same. Together, we can make Small Business Season the highlight of the year. Read More: Holiday Gift Card Strategies for Small Business Season Tips for Reaching Holiday Shoppers This Small Business Season
November 10, 2025
It’s officially that time of year where you have to keep looking at the calendar because it’s so hard to believe how quickly time is going or as we like to say—it’s Blurvember. The holidays have a way of sneaking up on even the most prepared businesses. One minute you’re stocking fall candles and the next you’re wondering where the extra rolls of gift wrap went. This is the moment to tighten things up so you can enjoy the revenue boost without feeling like you’re sprinting through December. Here are five simple, high-impact updates your business can make right now (some so quick you can implement them between customers) to get ahead of the holiday rush. 1. Update Your Hours and Online Info Everywhere Holiday shoppers are comparing hours, checking maps, and trying to squeeze errands between work, school pickups, and holiday events. If your hours aren’t accurate across Google, Yelp, Facebook, your website, and your chamber listing, you risk losing customers before they even leave the house. Do a quick search for your business as if you were a customer. Is your phone number right? Are your photos current? Does your holiday schedule show up clearly? Most people rely on Google’s first page, so correcting those listings now is one of the easiest wins you can score. 2. Refresh Your Signage and Displays Your storefront or lobby is a strong salesperson this time of year. When signage feels fresh and intentional, customers are more likely to stop, browse, and buy. That’s why so many storefront businesses go straight from Halloween to Christmas. Both holidays are visually appealing. In fact, people will enter your business just because you have a cool window. (Poor Thanksgiving, the middle child of holidays.) You don’t have to overhaul your entire look. A few simple updates can make a strong impression: Swap weathered signs for clean, readable replacements (unless antique is your vibe) Add one seasonal visual element that feels inviting rather than overwhelming Use clear markers for gift ideas or bestsellers Make sure curbside or pickup instructions are posted where customers can see them Even small touches create a sense of readiness that customers appreciate during a busy season. 3. Prep Your Team for Upselling Without Feeling Salesy Your staff can be your holiday heroes. A little training now can lead to bigger revenue and happier customers later. Upselling doesn’t have to feel pushy. It’s simply offering helpful suggestions that customers genuinely appreciate. Consider coaching your team on moments where a gentle recommendation is natural. Think gift wrap, add-on accessories, seasonal specials, or limited-time treats. When employees feel confident, customers feel guided. And both walk away happy. 4. Offer Gift Cards, Gift Bundles, or Quick-Grab Options The closer we get to December, the more people search for simple solutions. They’re panicked. They’re behind the eight ball (or snowball, in this case), and they just want the perfect gift that doesn’t look rushed. Gift cards are a lifesaver for anyone in a time crunch, and they’re one of the highest ROI products you can offer. If you don’t have them, this is the year to add them. Be sure to check out our online egiftcard program! You can also create: Small themed gift bundles Stocking stuffer displays Grab-and-go treats or purchase add-ons Digital gift cards for last-minute shoppers Anything that shortens decision-making for your customers will boost sales when traffic hits its peak. 5. Streamline Curbside or Online Ordering Before Things Get Busy Convenience is key during the holidays. If your online ordering, reservation system, or curbside pickup process feels a little clunky today, it will feel downright stressful on December 15. Now is the perfect time to: Run a test order Check that links work Update product descriptions Confirm your inventory tracking is accurate Make pickup instructions extremely clear Even a small digital tune-up can make the difference between a smooth holiday season and a frantic one. Bonus: Create One Holiday Highlight That Sets You Apart A lot of businesses do holiday promotions. Far fewer do something memorable. Consider spotlighting one special element this season to help you stand out. It could be a signature drink, a limited-time dish, a themed shopping night, a charity tie-in, or a mini experience customers can’t get anywhere else. Small moments of delight build loyalty. And the holidays are the perfect time to create them. Your Chamber is Here to Help You don’t have to tackle holiday readiness on your own. We’re participating in Small Business Season this year. We have a number of ways we’re supporting businesses across the community, and we want to help shine a spotlight on what you’re planning. Tell us what you’re working on, and we’ll help get the word out. Share your holiday hours, promotions, themed events, or special offerings and we’ll amplify them through our channels so more customers know exactly where to shop, dine, and celebrate. Let’s make this your smoothest and strongest holiday season yet.  Read More: Holiday Gift Card Strategies for Small Businesses Simplify Seasonal Staffing for Small Business Season