On Jan. 5, 2023, the Federal Trade Commission (FTC) published a notice of proposed rulemaking (NPRM, as published on the agency's website, Jan. 6, 2023), or proposed rule) that would make it an "unfair method of competition for an employer to enter into or attempt to enter into a noncompete clause with a worker; maintain with a worker a noncompete clause; or represent to a worker that the worker is subject to a noncompete clause where the employer has no good faith basis to believe the worker is subject to an enforceable noncompete clause." (NPRM, at 69). A noncompete clause is defined by the proposed rule as "a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the worker's employment with the employer." "Senior executives," a term not yet defined, may or may not be excluded from the reach of the proposal (depending on the agency's views after receiving comments).