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FTC Is Seeking Public Comments for Proposed Ban on Noncompete Clauses

Hey all, Lurker for a while and first post here. I have followed very closely the noncompete ban proposed by the FTC as I think noncompetes are 100% against the working class from all levels to entry level jobs to high end specialists. The FTC is now allowing public comments on the proposal to garner public and corporate opinion on whether it's a good idea or not. The link is posted below. https://www.regulations.gov/docket/FTC-2023-0007/document ​ They are seeking specific ideas on 3 main topics, but also comments of general support could go a long way: “Should the rule apply different standards to noncompetes that cover senior executives or other highly paid workers?” Chair Khan’s Statement said she is “keen for input on this question.” Specifically, the Statement asks how such a distinction would be drawn and what standard might apply to determine the circumstances under which noncompete clauses for certain individuals…


Hey all,

Lurker for a while and first post here. I have followed very closely the noncompete ban proposed by the FTC as I think noncompetes are 100% against the working class from all levels to entry level jobs to high end specialists. The FTC is now allowing public comments on the proposal to garner public and corporate opinion on whether it's a good idea or not. The link is posted below.

https://www.regulations.gov/docket/FTC-2023-0007/document

They are seeking specific ideas on 3 main topics, but also comments of general support could go a long way:

  1. “Should the rule apply different standards to noncompetes that cover senior executives or other highly paid workers?” Chair Khan’s Statement said she is “keen for input on this question.” Specifically, the Statement asks how such a distinction would be drawn and what standard might apply to determine the circumstances under which noncompete clauses for certain individuals would be considered an unfair method of competition.
  2. “Should the rule cover noncompetes between franchisors and franchisees?” Chair Khan’s statement suggested that some of the same considerations could be at play in such agreements and asked for “data or other evidence that could inform our consideration of this issue.”
  3. “What tools other than noncompetes might employers use to protect valuable investments, and how sufficient are these alternatives?” The Statement noted in particular the role of trade secret law and confidentiality agreements as examples of other tools employers can use to protect confidential information. The Statement says that the FTC has preliminarily found that those laws are adequate to address protection of employers’ investments. 

As of this posting, there were only 4,000 comments; lets get some support of something that could lead to a bit more freedom within the workplace to move about and switch sites for higher wages or better work/life balance without fear of having to move to a separate state!

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