Federal Trade Commission Rulemaking Regarding Noncompete Agreements

Federal Trade Commission Rulemaking Regarding Noncompete Agreements

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The United States Federal Trade Commission has proposed adoption of a rule that would bar the use of covenants not to compete and potentially some other post-employment conduct restrictions with many categories of workers. Although the rulemaking is not complete, the Federal Trade Commission has already taken steps to restrict the use of covenants not to compete in certain settings. If you have entered into a noncompete agreement, you may wish to seek legal advice regarding the impact of the Federal Trade Commission's actions on the specific noncompete agreement to which you are a party. Additionally, if you have entered into any other type of post-employment restriction with an employer, employee, or independent contractor, you may wish to seek legal advice regarding the potential impact of the Federal Trade Commission's actions on that restriction. This notification is provided for general understanding only and should not be considered legal advice. Counsel should always be consulted for advice regarding a specific situation.