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 Submits Comments on Proposed Revisions to MPFS CY 2026
In response to the Centers for Medicare and Medicaid Services (CMS) Notice of Proposed Rulemaking (NPRM) regarding revisions to Medicare payment policies under the Medicare…
CDC Director Monarez Fired
On August 27, the Centers for Disease Control and Prevention (CDC) Director Susan Monarez was abruptly fired after serving less than a month in her…
Congratulations to Our 2025 Scholarship Recipients
The American Academy of Audiology Foundation’s mission is to promote philanthropy in support of public awareness, research, and education in audiology and hearing and balance…