3084-AB74 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3084 Federal Trade Commission FTC Non-Compete Clause Rule

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.

]]> Section 3(f)(1) Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No to be codified at 16 CFR 910 15 U.S.C. 41 to 58 No 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 No Businesses State Undetermined No 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 No Yes Karuna Patel Attorney 3084 Federal Trade Commission FTC 202 326-2510 kpatel1@ftc.gov 600 Pennsylvania Avenue NW, Washington DC 20580