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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Unless you’ve been on the show Survivor’s island for the last six months, you probably have gotten wind of the notion that AI can help you save time, but did you know it can also help you make money? I’m not talking about becoming an AI expert and training the masses. That would take time you probably don’t have. In this case, I’m referring to creating a digital product for your business that you can sell and make money even when your business isn’t open. And best of all you can likely create it in a few minutes with the help of AI. Here’s how: Creating a Digital Sales Piece Your Customers Will Actually Buy This is the same concept as creating a lead magnet, but this one will be so intriguing that people will pay money for it. You don’t need a tech team. You need a clear problem, a simple format, and a smart way to package your expertise. Here’s how to go from idea to sale. Step 1: Start with a problem you solve every week The best digital products are shortcuts. They save time, reduce confusion, or help someone get a better result faster. Ask yourself: · What do customers repeatedly ask me to explain? · What do people mess up before they come to me? · What do I wish clients did before our first meeting? Drawing a blank? Then ask your favorite AI to help. “Act as an expert in [your industry]. List 20 common problems customers face in [your industry]. Group them by urgency and willingness to pay.” Step 2: Pick a “simple win” format You’re not building a course empire on Day 1. Start lightweight. Easy first products: · Templates: email scripts, pricing sheets, proposals, social captions, SOPs · Checklists: launch checklist, inspection checklist, onboarding checklist · Systems: think multiple connected pieces that work together. (Example: Client onboarding system: welcome email sequence + intake form + onboarding checklist + expectations doc) · Mini-guides: a 10-page PDF that gets someone from stuck to started · Toolkits: a bundle of templates + a short how-to video Rule of thumb: if it can be used in under 30 minutes, people will buy it. Step 3: Use AI to build the first draft fast (then make it yours) AI is your idea and rough-draft machine. You are the editor and expert. It’s a high performing partnership. Workflow could look like this: 1. Ask AI to Outline an idea: “Act as an expert in [your industry]. Create a one-page outline for a [checklist/guide] that helps [provide details on your audience] achieve [desired result].” 2. Make It Sound Like You: Give AI a tone and details about things to avoid or mention (or upload something you’ve written before that you like. Tell it to use that tone and cadence. “Write step-by-step instructions in a friendly, clear tone. Include examples of Y. Don’t mention X.” 3. Add your proof : your best tips, your real phrasing and examples. 4. Tighten : “Rewrite for clarity at an 8th-grade reading level. Remove fluff.” Important: don’t sell generic AI output. Sell your experience, packaged. AI is your assistant, not your brain. Step 4: Make it look clean enough to trust You don’t need fancy design, but you do need “this feels legit” and you want it to be brand recognizable. For quick “pro” options use: · Canva for PDFs and templates · Google Docs → export as PDF with your logo · Loom for a 5–10 minute walkthrough video · Descript for course-lite products and workshop replays · CapCut for quick, clean short-form videos Add a simple cover page, clear headings, and a “how to use this” section. Step 5: Price it like a shortcut, not a masterpiece Common starter pricing: · $9–$19 for a checklist or swipe file · $29–$79 for templates/toolkits · $99+ for a niche bundle with big ROI (like a full onboarding system) If it saves someone two hours, $29 is a no-brainer. Step 6: Sell it where you already have attention Start with what you’ve got: · Your website (Shopify, Squarespace, or a simple checkout link) · Etsy (great for templates) · Gumroad or Payhip (easy setup, instant delivery) · Instagram + email list: “Reply ‘PRODUCT’ and I’ll send the link.” Launch with a small offer: early-bird price for 7 days, plus a bonus (a quick-start video or extra template). Digital products can feel overwhelming when you’re creating your first one, but you don’t have to do it alone on consecutive Saturdays for six months. Instead, you can work with AI, provide your knowledge and let it do the composition. These products capture what you already know, bottle it, and put it on a shelf your customers can grab anytime, increasing your revenue outside of business hours and without a salesperson returning a call. Further Reading: The Hidden Cash Sitting In Your Business (and how to find it) Revenue Without Regret: Designing Offers You're Proud to Sell Small Business Resource Round-Up ------------------- Christina Metcalf is a writer and women’s 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 grow a loyal customer/member base. She is the author of The Glinda Principle , rediscovering the magic within. _______________________________________ Facebook: @metcalfwriting Instagram: @christinametcalfauthor LinkedIn: @christinametcalf5
For years, Instagram Stories have been like the “cool kids table” of your account: mostly seen by people who already follow you. Great for connection, not great for discovery. That’s changing and businesses should be pretty excited about this. Instagram now lets people reshare public Stories to their own Stories, even if they weren’t tagged. There’s typically an “Add to Story” option when viewing a public Story, and you can control this in your settings. If you’re a small business trying to reach beyond your current followers, this is not a tiny tweak. It’s a built-in word-of-mouth engine. Get Ready for Greater Reach When someone shares your Story to their Story, you get access to their audience without paying for ads or begging the algorithm. It’s like your best customer offering to hand out a stack of your flyers while telling their friends how amazing you are. How this helps you reach your audience: · UGC gets a turbo boost. A customer posts a Story with your product, you reshare it, then their friend reshares it again. That’s a visibility ripple that used to be harder to create on Stories. · Collabs become easier. You no longer have to rely on being tagged for someone to amplify your Story. (But don’t give up tags. They’re still good for attention.) · Your “helpful micro-content” can spread. Quick tips, behind-the-scenes, mini tutorials, reminders, myth-busting, weekly specials. If it’s share-worthy, it can move. Make Stories “share-ready.” · Add one clear takeaway per Story frame (tip, reminder, offer, before/after). · Use text overlays so it makes sense with sound off. · Add a simple prompt: “If this helped, share it to your Story.” (Yes, you can ask. People like being helpful.) · If you want Stories to stay more private-community-only, you can toggle sharing off in Settings → Sharing and reuse → Stories to stories. Early Access Reels: reward followers, attract new ones Instagram is also testing Early Access Reels. The idea: your Reel is shown to followers first, and non-followers who run into it may see a teaser plus a prompt to follow to unlock it, often with a timer for when it becomes available to everyone. Think of it like a velvet rope in an art museum. Without it, what’s hanging on the wall is just a picture. Place a velvet rope in front of it and it has instantaneous importance above all other works of art. Why this matters for small businesses: · You’re training loyalty . Followers get “first dibs” on announcements, drops, limited inventory, new menus, event registration, or seasonal services. · You turn curiosity into follows . If someone lands on your profile from a share or search and sees an Early Access teaser, the follow decision gets easier. · You can build social proof before the wider push . Post early, let your people engage, then later repost or repackage as a broader reach play. Features like this often roll out in phases and may not show up on every account right away but when they do show up on your account, you’ll be ready. Editing Upgrades That Make Your Content Feel “Bigger Than Your Budget” Instagram has been stacking practical creator tools, especially around video. Bulk Caption Editor (in Edits): Instagram’s Edits app has added bulk caption editing so you can view and adjust a transcript in one screen instead of hunting line-by-line. This is a time-saver and an accessibility win. Automated audio control / volume ducking: More tools are rolling out to help balance voice and music, so your Reel doesn’t sound like it was recorded inside a blender. Better audio = more watch time = better reach odds. Creative editing features: Edits has been shipping frequent upgrades (effects, sound effects, planning tools like storyboards). The bigger point is this: Instagram is incentivizing better-made video because it keeps people watching. “Your Algorithm” Means People Can Tune What They See Ever feel like you only see puppy Reels? Or maybe you hesitate to click on something because you know your stream will be filled with similar videos. No longer. Instagram is rolling out more controls that let users shape their Reels recommendations, including a feature often described as “Your Algorithm.” Users can view topics Instagram thinks they like, then adjust those interests. For businesses, the takeaway is simple: clarity beats variety. If your content is all over the map, you’re harder to categorize and easier to swipe past. If you’re consistently posting about a few topics your customers care about, you’re easier to recommend (and be seen). Emojis Still Matter, but Use Them Like Seasoning, not Confetti Do I hear clapping? Never mind. That’s me. Emojis can increase engagement and help your message land faster, especially in captions and comments. The expert business move is to use them with intention like pepper to bring out flavor in your posts, not to smoother them: · Use emojis to organize (bullets, steps, quick scans). · Match tone to brand (you’re allowed to have a personality). · Don’t “emoji spam” as a growth hack. People can smell that from three scrolls away. A Simple 7-Day Plan to Use These Updates Without Adding Chaos Day 1: Turn one FAQ into a 3-frame Story that’s easy to share. Day 2: Post a customer win (user generated content or testimonial) in Stories with “Share if you know someone who needs this.” Day 3: Record one Reel with clean captions (bulk edit if you have Edits). Day 4: Make one “saveable” tip carousel or mini tutorial. Day 5: Do one behind-the-scenes Story and invite resharing. Day 6: If you have it, test an Early Access Reel for an announcement or limited offer. Day 7: Check what got shared, saved, and replied to. Double down on that format next week. Instagram is quietly turning Stories into a bigger distribution channel and turning follower relationships into a stronger growth lever. If you make content that’s genuinely useful and/or entertaining, people will do the sharing for you. Just give them something worth passing along. Read More: 15 Ready-to-Use Social Media Captions for Business Owners Reels and Groups: What people Are Talking About Your Community Is Your Best Marketing Tool ------------- Christina Metcalf is a writer and women’s 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 grow a loyal customer/member base. She is the author of The Glinda Principle, rediscovering the magic within. _______________________________________ Facebook: @metcalfwriting Instagram: @christinametcalfauthor LinkedIn: @christinametcalf5
Small Business Season is almost in the rearview mirror. The shopping rush may be fading, the wrapping paper is in the trash, and your brain is trying to do two things at once: recover and prepare. So let’s make this simple.This is not the moment for a dramatic reinvention. It’s the moment for a clean, confident reset. Think of these next few days like sweeping the shop floor before opening day. Not glamorous. Deeply powerful. Here are end-of-year moves that help most without turning the last week of December into a stress fest. 1. Capture the “Truth” While It’s Still Fresh Before January turns this year into something for the history books, spend 30 minutes answering three questions: What worked this year that you should repeat? What drained you that you should redesign? What surprised you, good or bad, that you need to plan for? Write it down. Not in your head. On paper or in a notes app. Your future self will appreciate it. 2. Do a Five-number Year-end Check You don’t need a 12-tab spreadsheet right now. You need a snapshot. Pick five numbers that tell the story of your year. Examples: Total revenue (or best estimate if you’re still closing books) Average monthly expenses Your top-selling product or service Your best marketing channel (the one that actually brought customers) Your cash cushion (how many weeks you could operate if sales dipped) This gives you clarity without drowning you in data. Clarity is the point. 3. Fix the One Thing Customers Trip Over Every business has a small “friction point” that quietly costs sales. It might be: Confusing hours online A clunky booking link A checkout process that feels like a maze Slow response time to inquiries No clear “what’s next” after someone buys Pick one. Fix it this week. Small tweaks are like tightening the bolts on a ladder. Suddenly everything feels sturdier. 4. Clean up Your Digital Front Door If you do nothing else, do this. Customers are making decisions fast, and your online presence is often the first handshake. Quick checklist: Update holiday and New Year hours everywhere (website, Google Business Profile, socials) Confirm your phone number and address are correct Add 3 new photos (don’t get bogged down with scheduling professional shots. Your phone is fine.) Make sure your top service or product is easy to find in one click This is low effort, high return. 5. Ask for Reviews the Right Way End of year is perfect for review requests because customers are already in a reflective, generous mood. Send a short message to your happiest customers: “Before the year wraps up, would you be willing to leave a quick review? It helps more than you know.” Include the direct link. Always include the link. Make it easy enough that they can do it while waiting for coffee. 6. Turn Holiday Buyers into January Regulars Holiday sales are great. Holiday repeat customers are better. If you sold gift cards, ran holiday specials, or gained new customers, plan a simple January follow-up: “New Year thank you” email with a bounce-back offer A “first visit of the year” perk A limited-time add-on that’s easy for you to deliver The goal is not a big discount. The goal is a reason to return. 7. Do a Quick Inventory of Your Marketing Assets Open your social posts and emails from this season and ask: Which post got the most engagement? Which offer got the most clicks? Which message made people reply? Now circle those. That’s your “winning language.” Bring it into Q1. Let your best words do more reps. If you’re using an AI assistant, communicate this info to it. It can be invaluable in creating future winning content. 8. Choose one Focus for Q1 and Make it Measurable January feels like possibility, which is inspiring… and also how we end up with 37 goals and zero traction. Pick one primary focus: Increase repeat customers Improve cash flow consistency Raise prices strategically Build your email list Get more appointments booked in advance Then choose one simple measurement. One. If your focus is repeat customers, your metric might be “number of return visits per week.” Keep it clean enough that you’ll track it. 9. Build Recovery into the Plan on Purpose You are not a machine. You’re the engine. Before the year ends, put one recovery decision in writing: One day off One half-day with no inbox One week of lighter blog or social posting (recap posts of popular content work well this time of year—like sharing memories of 2025.) One boundary you’ll protect in January Rest is not what you earn after you finish. It’s what makes you able to keep going. Small Business Season may be ending (technically), but your business isn’t. The goal now is to close the year with your head up, your notes saved, and lessons learned incorporated into a new plan. There’s no need to sprint all a mess into January. Instead, walk in steady, like you own the place.
