United States: FTC To Consider Issuing Proposed Final Rule Regarding Non-Competes - Seyfarth Shaw LLP

FTC to Decide , Whether Noncompete Agreements , Should Be Banned. After receiving over 26,000 public comments about the issue, the Federal Trade Commission is set to deliver its verdict on April 30, NPR reports. . The commission said that if approved, the final rule "would generally prevent most employers from using noncompete clauses.". The commission said that if approved, the final rule "would generally prevent most employers from using noncompete clauses.". Approximately one in five Americans, spanning minimum wage workers to CEOs, are subject to noncompete agreements, the FTC estimates. . The Biden administration says that these types of agreements hurt workers by decreasing wages. The White House also argues that these agreements harm the U.S. economy because entrepreneurship isn't allowed to freely flourish. . FTC Chair Lina M. Khan issued a statement when the proposed ban was initially introduced. The freedom to change jobs is core to economic liberty and to a competitive, thriving economy, FTC Chair Lina M. Khan, via statement. Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand, FTC Chair Lina M. Khan, via statement. Businesses argue that noncompete agreements are essential for safeguarding investments and proprietary information. Those businesses also question whether the agency has the power "to regulate such agreements," NPR reports. . If the FTC votes to issue a final rule, enforcement wouldn't occur for 180 days, and legal challenges would likely ensue.

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