FTC Extends Public Comment Deadline on Proposed Rule Banning Employment Non-Competes Until April 19th

With the extension, the FTC will now be accepting comments on the proposed rule until April 19. Originally, the deadline for submitting comments was March 20.

Information on how to submit comments can be found in the Federal Register notice.

The Commission vote approving the public comment period extension was 4-0, with Commissioner Christine S. Wilson issuing a concurring statement.

100 business organizations had previously requested a sixty day extension on the public comment deadline.

Commissioner Wilson, who recently announced her noisy resignation, issued a concurring statement that “[g]iven that the proposed rule is a departure from hundreds of years of precedent and would prohibit conduct that 47 states allow, I would have supported extending the public comment by 60 days.”

Nearly 9,000 comments have already been posted and over 16,000 comments have been received to date, according to the Federal Register docket.

The comment period provides an important opportunity for stakeholders to voice concerns about the FTC’s proposed rule. We recommend that businesses consult with their legal counsel about the proposed impact if this rule goes into effect, as well as voicing their opinion to this proposed rule to ensure that they are heard. Please contact a Seyfarth Trade Secrets lawyer if you are interested in submitting a comment to the FTC.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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