As we have extensively covered, the Federal Trade Commission (FTC) issued a proposed rule that would impose a blanket ban on noncompetes for all employees.
The 60-day period to provide comments on the proposed rule was scheduled to end on March 20, 2023. Given the significance of the rule, a number of organizations asked the FTC to extend the comment period an additional 60 days.
The FTC recently acted on that request. It decided to extend the comment period, but only for 30 days. So the comment period now ends on April 19, 2023.
Notably Commissioner Wilson, who has resigned vocally from her position based on her stated belief that the Chair of the FTC is not following the rule of law, said that she would have granted the full 60-day extension given that the proposed FTC ban “is a departure from hundreds of years of precedent and would prohibit conduct that 47 states allow.”
BFV will continue to monitor the progress of this rule closely and will keep you apprised of any important updates. As always, please let us know if we can assist you or your business in navigating these potential upcoming changes.
Neal Weinrich knows noncompetes and trade secrets inside and out. A shareholder at Berman Fink Van Horn, Neal counsels clients in all industries on matters involving restrictive covenants, trade secrets and other competition-related issues.
