On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule to bar employers from including non-compete clauses in contracts with their employees. The far-reaching proposal is retroactive and as drafted would require the rescission of any applicable non-compete clauses entered into prior to the issuance of the proposed rule, and those rescissions must be done within 180 days after publication of the final rule.
This proposal would not apply to banks or non-profits (they are outside FTC jurisdiction), nor to business-to-business non-compete agreements or to non-compete agreements related to the sale of a business, as long as the business holder at issue owns at least 25 percent of the sold entity. The proposed rule includes significant dialogue relative to effects of non-competes in the health care industry and, in particular, non-competes in physician contracts.
The FTC anticipates that eliminating non-competes from physician contracts would generate significant growth in physician earnings.
Recent Posts
Academy Files Rulemaking Petition to Restore ABA Language in VA Regulations
Earlier last year, the Virginia Board of Audiology and Speech-Language Pathology finalized regulatory changes intended to streamline licensure by removing direct ties between certification and…
Congress Needs to Hear From Audiologists on Student Loan Access
The Professional Student Degree Act, H.R. 6718, introduced by Representative Michael Lawler (R-NY), was introduced in mid-December. This bill reaffirms audiology’s status as a professional…
Why Wild Animals Don’t Have Floppy Ears
In 1959, a scientist began a domestication experiment with silver foxes. Critics believed the experiment was, at the very least, too ambitious (if not outright…


