Federal Trade Commission Issues a Notice of Proposed Rulemaking for the Non-Compete Clause Rule

Updated 3.16.23

On January 9, 2023, the Federal Trade Commission (“Commission”) published a notice of proposed rulemaking for the Non-Compete Clause Rule.

The proposed rule would, among other things, prohibit an employer to:

  • enter into or attempt to enter into a non-compete clause with a worker
  • maintain with a worker a non-compete clause
  • to represent to a worker under certain circumstances that the worker is subject to a non-compete clause.

Comments are now due by April 19, 2023. 

Read the notice at Regulations.gov

  • Submit comments online at https://www.regulations.gov, by following the instructions on the web-based form.
  • Mail: Comments may be mailed to Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 1 CC-5610 (Annex C), Washington, DC 20580. Write “Non-Compete Clause Rulemaking, Matter No. P201200” on your comment.

Advocacy contact: Jennifer A. Smith at Jennifer.Smith@sba.gov.

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