The following item will be on the agenda:

Business Before the Commission:

Rule to Ban Noncompetes Clauses:

The Commission will vote on whether to issue a proposed final rule that would prevent most employers from enforcing noncompetes against workers.  The proposed final rule being considered would generally prevent most employers from using noncompete clauses.  As the Notice of Proposed Rulemaking explained, noncompetes are a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.  The proposed final rule the Commission will consider stems from the notice of proposed rulemaking the FTC issued in January 2023, which was subject to a 90-day public comment period.

At the start of the meeting, the Commission will vote on whether to authorize public disclosure of the proposed final rule that is under consideration.  Then, Chair Khan will offer brief remarks.  Next, if the Commission votes to authorize public disclosure of the final rule under consideration, the Office of Policy Planning will give a staff presentation on the final noncompete rule under consideration.  Finally, the Commission will vote on whether to issue the final rule.

After announcing the Notice of Proposed Rulemaking, the FTC received more than 26,000 comments from members of the public.  Given the extremely high volume of public input already received and given that the public comment period on the proposed rule closed in April 2023, the Commission will not be taking further comments from the public during the April 23 Open Commission Meeting.  The public, however, can watch the meeting via Webcast, which will be available on the day of the event shortly before the meeting starts at FTC.gov.  The event will be recorded, and the Webcast will be available on the Commission’s website after the meeting.