For Traders, the FTC Ban on Non-Compete Clauses Comes With Big Catches

  • Wall Street firms can still impose garden leaves on defectors
  • Though rule covers money managers, FTC doesn’t regulate banks

Traders work on the floor of the New York Stock Exchange.

Photographer: Michael Nagle/Bloomberg
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Wall Street traders and money managers could be in for disappointment if they’re hoping a new US ban on non-compete clauses will clear the way for them to spring into the arms of higher-paying competitors.

The Federal Trade Commission’s sweeping prohibition on efforts to prevent staff defections makes an exception for mandatory garden leaves. Those have become a common facet of finance-industry contracts for employees privy to sensitive information, such as knowledge of a money manager’s trading strategies or pending deals.