How HR can prepare for tighter scrutiny on employment contracts and protect compliance in healthcare and beyond
The Federal Trade Commission is turning up the heat on noncompete agreements. On September 10, 2025, the FTC announced that it issued warning letters to several healthcare employers and staffing companies over the use of restrictive covenants in employee contracts. These letters signal a new phase of scrutiny that could reshape how HR leaders handle employment agreements and retention strategies.
According to the FTC, noncompete clauses that limit worker mobility can harm employees and patients alike. In healthcare, these restrictions may limit access to care, particularly in rural or underserved areas where staff shortages are already severe.
For HR leaders across industries, this is more than just a legal update. It is a call to examine policies, prepare for regulatory change, and ensure that employee agreements are transparent, compliant, and easy to manage.
Why the FTC Is Acting Now
The FTC has been concerned about the widespread use of noncompetes for several years. Earlier proposals to limit or ban such agreements were challenged in court, but the agency has not stepped back. Under Section 5 of the FTC Act, unfair methods of competition are unlawful, and the commission is now making clear that overly broad or restrictive covenants will not be tolerated.
Healthcare employers were targeted first because noncompetes can directly affect patient access and the ability of clinicians to move between facilities. However, other sectors should take note. HR teams in industries such as finance, education, and technology also rely on restrictive covenants to protect sensitive information. Those practices could come under review as well.
Risks HR Teams Need to Address
For HR decision makers, the risks of ignoring this shift are significant.
- Legal exposure: Contracts that are vague or overly restrictive could lead to enforcement action.
- Employee retention: Noncompetes can discourage top talent and reduce morale if employees feel they are being held captive.
- Compliance audits: Lack of clarity in agreements can create red flags during audits or investigations.
- Healthcare outcomes: For hospitals and clinics, reduced staff mobility may contribute to longer patient wait times and staffing gaps.
These risks make it urgent for HR to act now, before regulators or courts force change.
Best Practices for HR Leaders
To stay ahead of scrutiny, HR leaders should adopt practices that protect both the organization and its workforce.
- Audit current agreements. Review all employee contracts to identify noncompete clauses and assess whether they are narrow, time-limited, and
- Consider alternatives. Non-solicitation agreements, confidentiality agreements, and NDAs may protect sensitive information without restricting worker mobility.
- Engage legal counsel. Work with attorneys who specialize in employment law to ensure contracts comply with federal and state standards.
- Communicate openly. Employees should understand the purpose of restrictive covenants and how they are enforced. Transparency builds trust and reduces risk of disputes.
- Update policies quickly. Regulatory landscapes shift fast. HR teams must be able to update employee handbooks and contract templates in real time.
How Technology Can Help
Managing hundreds or thousands of employee contracts manually is nearly impossible. This is where secure HR document management systems add real value.
With DynaFile, HR teams can:
- Instantly search indexed employee records to see who has signed which version of a noncompete policy.
- Track updates with full audit trails to prove compliance.
- Control access with granular permissions, ensuring only authorized staff can view sensitive contracts.
- Push policy updates electronically, collect signatures, and store acknowledgments in one place.
This level of control gives HR leaders confidence that their organization can adapt quickly to new legal requirements while protecting both compliance and employee trust.
Final Thoughts
The FTC’s noncompete warning is a clear signal. HR leaders, especially in healthcare, cannot afford to wait and see. Now is the time to review agreements, strengthen compliance processes, and ensure employee policies are both fair and enforceable.
By combining smart legal guidance with secure digital tools, organizations can stay audit-ready, support workforce mobility, and protect long-term business trust.
FAQs
Q: What does the FTC’s warning mean for healthcare employers?
A:The FTC believes noncompetes in healthcare can restrict worker mobility and reduce patient access to care. Employers may face investigations if their agreements are too broad or restrictive.
Q: Should non-healthcare employers also be concerned?
A: Yes. While the first warnings targeted the healthcare industry, the FTC has indicated that it will scrutinize noncompetes in other sectors. HR leaders in finance, education, and technology should prepare now.
Q: How can HR teams ensure compliance?
A: Audit existing agreements, consult with legal experts, and adopt document management solutions like DynaFile that make it easy to track policies, update contracts, and maintain audit trails.
Stay Audit-Ready and Compliant
Stay ahead of compliance changes. See how DynaFile helps HR teams track employee agreements, manage policy updates, and stay audit-ready. Schedule a demo today.