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FTC RIN: 3084-AB74 Publication ID: Fall 2023 
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 proposed rule would, among other things, provide that it is an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; to maintain with a worker a non-compete clause; or, under certain circumstances, to represent to a worker that the worker is subject to a non-compete clause. On February 16, 2023, the Commission hosted a public forum that examined the FTC’s proposed rule and provided an opportunity for interested parties to directly share their experiences with non-compete clauses. The comment period as extended closed on April 19, 2023, 88 FR 20441 (Apr. 6, 2023), Staff are reviewing the comments and proceeding with policy analysis.

 
Agency: Federal Trade Commission(FTC)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: to be codified at 16 CFR 910     (To search for a specific CFR, visit the Code of Federal Regulations.)
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 
Staff Review of Public Comments and Policy Analysis  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: https://www.ftc.gov/news-events/news/press-releases/2023/03/ftc-extends-public-comment-period-its-proposed-rule-ban-noncompete-clauses-until-april-19  
RIN Data Printed in the FR: No 
Agency Contact:
Karuna Patel
Attorney
Federal Trade Commission
600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone:202 326-2510
Email: kpatel1@ftc.gov