On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) published a sweeping proposed rule that, if finally issued, would prohibit post-employment non-compete clauses (or other clauses with comparable effect) in agreements between employers and their employees or other workers. Specifically, the FTC’s notice of proposed rulemaking, published in a 3-1 vote, provides that the proposed “Non-Compete Clause Rule” would ban virtually all clauses in employment-related agreements that have the effect of restricting workers from seeking or accepting employment following their service with their employer—including voiding such clauses in existing agreements.
As noted in Ropes & Gray's client alert of November 16, 2007, U.S. Citizenship and Immigration Services ("USCIS") has now announced in the Federal Register that the new, revised Form I-9 (Employment Eligibility Verification) must be used in place of the old form starting on December 26, 2007. The notice states that employers who fail to use the revised Form I-9 on or after December 26 will be subject to fines and penalties.