Recently, the Federal Trade Commission (FTC) announced a proposed rule that would prohibit employers from imposing or enforcing non-compete clauses on workers. The proposed rule will have a public comment window of 60 days after publication in the Federal Register.
- The Rationale for the Proposed Rule – The FTC’s proposed rule is based on President Joe Biden’s 2021 Executive Order on Promoting Competition in the American Economy, which encouraged the FTC to exercise its statutory rule-making authority under the Federal Trade Commission Act to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”