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FTC RIN: 3084-AB74 Publication ID: Spring 2024 
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. With respect to existing non-compete clauses, i.e., non-compete clauses entered into before the effective date, the final rule adopts a different approach for senior executives than for other workers. For senior executives, existing non-compete clauses can remain in force, while existing non-compete clauses with other workers are not enforceable after the effective date. The final rule becomes effective on September 4, 2024.

 

 

 
Agency: Federal Trade Commission(FTC)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final 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 
Final Rule  05/07/2024  89 FR 38342   
Final Rule Effective  09/04/2024 
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:
Karuna Patel
Attorney
Federal Trade Commission
600 Pennsylvania Avenue NW,
Washington, DC 20580
Phone:202 326-2510
Email: kpatel1@ftc.gov