Bradley attorney Henry Su commented on the Federal Trade Commission’s (FTC) recent proposed rule broadly banning noncompete agreements.
Su advised that employers should consider whether they ever enforce their noncompetes. If their language is boilerplate, employers may want to contemplate getting rid of them and use the opportunity to send a positive message to send to current and potential employees in the future.
Businesses also may need some time to see how the FTC rule develops. “Otherwise, no changes need to be made to noncompete provisions,” Su said. “There will be time for that later, once we see what the final rule looks like. Instead, think about speaking out on this issue by filing a public comment. The FTC needs to hear your concerns and justifications.”
Attorneys have stressed that the proposed rule could undergo changes before it is finalized, most likely sometime in 2023.
The full article, “How employers should respond after the FTC's noncompete ban,” was published in the Washington Business Journal on January 10, 2023.