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Amid Firestorm over Noncompete Ban, the FTC Is Giving Businesses More Time to Weigh In

The Playbook

The FTC's proposed noncompete ban would affect millions of workers.

The Federal Trade Commission is giving business owners and professionals more time to comment on its proposed noncompete ban.

[...]

Business owners should take advantage of the extended deadline to file their own public comment, said Leigh Ann Buziak, a partner and labor and employment lawyer at Blank Rome LLP.

"Because it is an administrative proceeding, this is your opportunity to be heard," Buziak said. "If you have something to say about this, you have to make a public comment."

She said many businesses were caught by surprise by how broad the FTC's rule was. Buziak said while there have been abuses of noncompetes for lower-level workers, there was an expectation the FTC would follow what many states have done, which is allow the agreements for more senior and higher-paid workers.

"Because the FTC's ban is so sweeping, there is a lot of implications that I am not sure the FTC really contemplated or thought through," Buziak said. "Whether the FTC is going to be swayed by those comments, I am not so sure."

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"Amid Firestorm over Noncompete Ban, the FTC Is Giving Businesses More Time to Weigh In," by Andy Medici was published in The Playbook on March 8, 2023.