The Federal Trade Commission (“FTC”) recently hosted a virtual public forum on its proposed noncompete rule, which it previously issued in January and which we discussed here and here. The proposed rule would prohibit (subject to limited exceptions for business owners and in the franchise context) the (i) entering or attempting to enter into a noncompete clause with an employer, (ii) maintaining an existing noncompete clause, and (iii) representing to a worker that he or she is subject to a noncompete clause (where the employer has no good faith basis to believe the worker would otherwise be subject to such clause). Applying retroactively, the proposed rule would mandate that employers rescind active noncompete clauses and notify impacted employees.
The forum opened with remarks from FTC Chair Lina Khan, who stressed the projected economic benefits of the proposed rule, such as the increase in earning power and the benefits of worker mobility. Marie Choi, from the FTC Office of General Counsel, gave a brief overview of the rulemaking process, outlining that the public comment period is set to close March 20th, 2023, and that the published final rule will come at some point thereafter, taking into consideration public comments. Elizabeth Wilkins, Director of the FTC Office of Policy and Planning framed the proposed rule, led a panel discussion and opened up the forum to remarks from the public.
The panelists and the members of the public presented a wide range of...
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