As discussed in a recent PERKS post, while the FTC has backed away from its efforts to implement its 2024 sweeping non-compete ban, the agency continues to demonstrate interest in regulating this space.
On the heels of its recent warning letters sent to healthcare and staffing companies encouraging them to carefully review their non-compete practices, the FTC has now announced that it will be holding a workshop on non-competes on Wednesday October 8. The workshop, which will take place from 2:00pm to 6:00pm ET, is open to the public and can be attended in-person or via livestream.
Per the FTC’s press release, “[t]he workshop will include public statements from FTC Commissioners, victims of unfair and anticompetitive noncompete agreements, and leading experts in the field. A full agenda and list of speakers will be available prior to the event. A livestream link will be posted to FTC.gov on the morning of the event.”
Prior FTC workshops, held in 2020 and 2021, were relied upon by the Commission in formulating the aforementioned 2024 rule banning non-competes. While the Commission as currently composed has expressed disapproval of the breadth of that prior rule, it remains to be seen what action the FTC might take based in part on what is discussed at this upcoming workshop.
Employers would be wise to continue to monitor FTC activity on this front and consult with counsel to ensure that their non-compete practices are compliant—now and as this area develops.
The press release announcing the workshop is available here: FTC Announces Workshop on Noncompete Agreements | Federal Trade Commission