The Federal Trade Commission Proposes New "Non-Compete Clause Rule" - Cantrell, Astbury, Kranz, P.A.

Sep 13, 2023



Miami, Florida Sep 12, 2023 (Issuewire.com) - The law firm of Cantrell, Astbury, Kranz, P.A. https://caklegal.com provides an in-depth analysis of this proposed rule, underscoring its potential implications for both employers and employees nationwide.

The Federal Trade Commission (FTC) announced on January 5, 2022, a groundbreaking proposal aiming to put an end to the use of non-compete clauses across the U.S.

Highlights:

  • The "Non-Compete Clause Rule," if implemented, will reshape the U.S. employment landscape.
  • This proposal comes as a significant relief to the U.S. workforce but is expected to face challenges from influential business groups and states that currently allow non-compete clauses.
  • The FTC's research indicates that roughly one in five U.S. workers, or approximately 30 million individuals, are under the constraints of non-compete clauses. A survey has further revealed that about 38% of Americans have been under a non-compete clause at some stage in their careers.

Key Aspects of the Proposed Rule:

  • Definition: It becomes an unfair competitive method, and thereby a breach of Section 5 of the Federal Trade Commission Act, for employers to:
    • Establish or attempt to establish a non-compete clause with an employee.
    • Uphold a non-compete clause with an employee.
    • Under specific scenarios, inform an employee that they are under a non-compete clause.
  • Scope: The rule would be applicable to almost all employers and employees. The terminology is broad, including unpaid workers, independent contractors, and sole proprietors offering services.
  • What's Considered a Non-Compete: A clause that restricts an employee from seeking or accepting employment elsewhere or starting a business post-employment, regardless of its naming.
  • Exceptions: Only a few exceptions are available, such as non-compete clauses between business sellers and buyers under particular conditions.
  • Alternatives for Employers: Employers can utilize other legal tools and rights, like NDAs, non-solicit provisions, and intellectual property laws, to protect their business interests.
  • Compliance Requirements: Employers will be mandated to rescind existing non-compete clauses and notify affected employees using the FTC's model language.
  • Effective Date: Although the rule is to take effect 60 days after its final publication in the Federal Register, the actual "compliance date" is 180 days post-publication.

The firm advises employers to start assessing their current contracts, non-compete clauses, and strategies during the upcoming "compliance period."

FTC is presently gathering public comments on this proposed rule. They seem particularly interested in opinions about the differential treatment of senior executives and varying wage workers under the rule.

For inquiries or more information about the FTC's Non-Compete Clause Rule proposal, Cantrell, Astbury, Kranz, P.A. can be reached at 1-877-858-6868 or via email at [email protected].

About Cantrell, Astbury, Kranz, P.A.: 

Cantrell Astbury Kranz Business & Employment Lawyers is comprised of top employment law attorneys, non-compete attorneys, business litigation attorneys, and civil rights attorneys. Disputes we handle involve unfair competition and trade secrets (including non-compete and non-solicit agreements), employment law, employee benefits, compensation (including bonuses, commissions, overtime, and equity), business divorces, shareholder actions, business defamation, wrongful termination, retaliation, sexual harassment, and civil rights.

 

Media Contact

Cantrell Astbury Kranz Business & Employment Lawyers


*****@caklegal.com

(877) 968-0064

https://caklegal.com/miami/

Source :Cantrell Astbury Kranz, P.A.

This article was originally published by IssueWire. Read the original article here.

More News

article.head.headline
Oct 17, 2026
Taron Egerton explains how Rocketman changed his career

Taron Egerton has explained how Rocketman changed the course of his career.

article.head.headline
Oct 17, 2026
Carly Rae Jepsen: Motherhood is fascinating

Carly Rae Jepsen has shared her thoughts on the challenges of motherhood.

article.head.headline
Oct 17, 2026
BLACKPINK's Jennie is always 'collecting inspiration'

Music star Jennie has revealed that she draws inspiration from all sorts of sources.

article.head.headline
Oct 17, 2026
Daisy Edgar-Jones 'always understood' Elinor Dashwood

Daisy Edgar-Jones has explained how she relates to Elinor Dashwood, her on-screen character.

article.head.headline
Oct 17, 2026
Bridesmaids star Rebel Wilson felt like 'the most junior person on set'

Rebel Wilson has opened up about the experience of shooting Bridesmaids, the 2011 comedy film.

article.head.headline
Oct 17, 2026
Hollywood star Josh Hartnett: I live outside of the system

Josh Hartnett is largely oblivious to the popularity of his own projects.

article.head.headline
Oct 17, 2026
Feed to fame: Tammy Hembrow is trading Instagram for reality TV, hosting new Aussie Shore

With a $50 million empire and 16 million followers, Australia’s ultimate fitness mogul has conquered the internet. Now, she’s stepping into the chaos of something else — and she’s just getting started.

article.head.headline
Oct 17, 2026
Phony, Binge’s Yaga, Last One Laughing and Telethon: your ultimate Sunday TV and streaming guide

Boo! This week we’re getting into the Halloween spirit early, checking out two spooky dramas and a very funny Halloween Special.

article.head.headline
Oct 17, 2026
San Cisco are back! Freo band announces return to music and touring after a two-year hiatus

Scarlett Stevens admits she was anxious to return to the studio to record music for San Cisco after the band went on a two-year hiatus while she welcomed a new life into the world.

article.head.headline
Oct 17, 2026
Unravel Me: Tina Arena was the “little ballerina in the music box”. Now she’s telling us who she REALLY is

From child star on Young Talent Time to unapologetic icon, Tina Arena opens up about the price of honesty, losing father figure Johnny Young, and being a woman ahead of her time.

article.head.headline
Oct 17, 2026
Which member of the Jackson family had a crush on Alicia Keys?

Michael Jackson had a crush on Alicia Keys and her husband was so impressed he even introduced them.


YOUR NEWS, OUR NETWORK.

Do you have Great News you want to tell the world?

Be it updates about your business or your community, you can make sure that it’s heard by submitting your story to our network reaching hundreds of news sites across 6 verticals.

E-Stardom

E-Stardom is the exclusive online news network for breaking entertainment news. We bring to you the premium coverage and fashion tips to your favorite celebrity style. Get your daily celebrity news fix only here in E-Stardom.