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FTC RIN: 3084-AB74 Publication ID: Spring 2025 
Title: Non-Compete Clause Rule 
Abstract:

On January 19, 2023, the  Commission proposed the Non-Compete Clause Rule. 88 FRS 3482 (Jan. 19, 2023). The comment period as extended closed on April 19, 2023, 88 FR 20441 (Apr. 6, 2023), and the Commission received over 26,000 public comments. The Commission issued a final rule on May 7, 2024. 89 FR 38342 (May 7, 2024). The Non-Compete Clause Rule provides that it is an unfair method of competition and therefore a violation of section 5 of the Federal Trade Commission Act for persons to, among other things, enter into or attempt to enter into non-compete clauses with workers on or after the final rule’s effective date. On August 15, 2024, a federal district court in Florida issued a decision granting a stay and enjoining the FTC’s enforcement of the Rule against the plaintiff in that case. On August 20, 2024, a federal district court in Texas issued a similar order, which had a nationwide effect of stopping the FTC from enforcing the rule on September 4, 2024, the rule’s effective date. On March 7, 2025, the federal government filed motions for a 120-day stay of its challenges in the U.S. Court of Appeals for the Fifth and Eleventh Circuits. The appeals courts are considering the lower federal court rulings in Texas and Florida that invalidated or enjoined, respectively, the Biden-era FTC rule that would have banned nearly all noncompete agreements. The Rule is under review.

 
Agency: Federal Trade Commission(FTC)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 14192 Designation: Other 
CFR Citation: 16 CFR 910   
Legal Authority: 15 U.S.C. 41 to 58   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/19/2023  88 FR 3482   
NPRM Comment Period Extended  04/06/2023  88 FR 20441   
NPRM Extended Comment Period End  04/19/2023 
Final Rule  05/07/2024  89 FR 38342   
Final Rule Effective Date - stayed  09/04/2024 
Motion to Stay Ruling for 120 Days  03/21/2025 
FTC Files Status Report With Court  07/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.ftc.gov/legal-library/browse/rules/noncompete-rule  
RIN Data Printed in the FR: Yes 
Agency Contact:
Clarke Edwards
Acting Director, Office of Policy Planning
Federal Trade Commission
600 Pennsylvania Avenue, NW,
Washington, DC 20580
Phone:202 326-2097
Email: cedwards@ftc.gov