United States: Business Organizations Seek Extension On Comment Period Deadline On FTC’s Proposed Rule Banning Non-Competes

100 business organizations submitted a letter today requesting a 60 day extension on the March 20, 2023, comment period deadline on the FTC’s proposed rule banning non-competes with employees and workers. The business organizations include organizations in manufacturing, commerce, retail, insurance, franchise, health care, technology, financial services, construction, and staffing. In support of their request, the organizations stated the "regulated community should be given sufficient time to assess the potential consequences of the rulemaking and develop insightful comments for the Commission to consider." "This rulemaking, as the FTC itself acknowledges, will impact a significant portion of the economy" and "[g]iven the breadth of the rule, a sufficient comment period is needed to ensure the regulated community can fully assess its effects," they wrote. The organizations’ letter indicated that there are significant legal questions that must be addressed by commenters, including "is whether the Commission has the legal authority to issue such a rulemaking, the rule’s potential preemption of the numerous state laws and regulations on this issue, and how such preemption will alter the regulated community’s legal obligations." The FTC has the authority to deny the request and it has denied requests with respect to other proposed FTC rules. […]

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