Anticipating Federal Trade Commission (FTC) rulemaking in response to President Biden’s
Executive Order on Promoting Competition in the American Economy, the Center On Executive Compensation expressed strong opposition to a blanket ban on non-compete agreements to the Commission.
The Center highlighted our comments submitted last year that noted non-compete agreements are appropriate and critical for executives and other senior employees. We also noted legitimate concerns regarding the use of non-competes for hourly and middle-income employees.
The Commission is expected to issue regulatory guidance as early as this fall, with final regulations promulgated next year.
Outlook: HR Policy and the Center On Executive Compensation will continue to articulate to the Commission and congressional banking committees our concerns with a “one size fits all” ban on non-compete agreements and will inform stakeholders of the legitimate business needs for such agreements.
