Photo: Wutzkoh via Adobe Stock FTC's Final Noncompete Rule Is Over-Broad
Part of the FTC's rationale is a stretch.
June 21, 2024 at 12:28 PM
7 minute read
In April of this year, the Federal Trade Commission issued its Final Non-Compete Clause Rule ("Final Rule") by a vote of 3-2. This comprehensive regulatory proposal bans all post-employment noncompetes going forward and renders existing noncompetes, for the most part, ineffective. The Final Rule applies nationwide, effectively pre-empting conflicting state laws. The effective date is Sept. 4 (which is 120 days after the Final Rule was published in the Federal Register). Its enactment was presaged by the Biden administration's issuing an executive order in 2021 directing the FTC to limit noncompetes, as well as an extensive review of the issue and comments on a prior draft.
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