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Federal Trade Commission banned "non-compete" clauses

It's about time. I knew/know several people who challenged the non-compete and the former employer backed off every time. I don't know if it has every prevailed anywhere these days

Same here. People would go right to competitors, and we'd do nothing at all. Makes them irrelevant.
 
Wow....about time.

I didn't know they had the authority to do that, especially when employees sign the agreements voluntarily.

Sometimes employers offer large severance packages in exchange for employees signing an agreement. I suspect those could go away.
 
I didn't know they had the authority to do that, especially when employees sign the agreements voluntarily.

Sometimes employers offer large severance packages in exchange for employees signing an agreement. I suspect those could go away.
I’ve been told it is caused at $150k per year. In other words high earners may still be subject to NCs. Of course, they hire attorneys to beat them
 
I didn't know they had the authority to do that, especially when employees sign the agreements voluntarily.

Sometimes employers offer large severance packages in exchange for employees signing an agreement. I suspect those could go away.
It will be challenged. Don't think they have the authority, but who knows these days.
 
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Many years ago I worked for a small company that demanded that everyone sign. It was so strict it would prevent you from even working at the local gas station. The employees brought in an attorney who laughed at it and said go ahead and sign it. It can't be enforced. Nobody signed and it just went away.
 
The cut off is $151,164. One of my boys is an officer in a behavioral health company and is making a job change right now. His noncompete does not contain a mileage clause and is invalid.
 
It will be challenged. Don't think they have the authority, but who knows these days.
I’ve fought three of them and nothing happened after they sent me the initial letter. I sent a letter back saying I’d counter sue them but I’d thank them for allowing me to retire early.
 
They have had the authority since the 1940's. Lost in the 30's are you? Figures.
It must be hard being so intelligent and sure of yourself at times like these. Plenty of people smarter than you and me that don't think the FTC/ Fed Gov has this power.
 
I believe that non-competes are unfair when the employee is faced with right-to-work laws. With these in place, an employee takes a job for a week and can be fired with no ability to make a living somewhere else. This is even true if they were experienced and brought that skill set with them. This is the way I attacked these clauses: I already had the experience and the company is covered by intellectual property rights. For example, I can't share internal documents or lists. But the company can fire me, after taking my IP, and bar me from working in the industry. Screw that.

But this will be challenged.

 
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I believe that non-competes are unfair when the employee is faced with right-to-work laws. With these in place, an employee takes a job for a week and can be fired with no ability to make a living somewhere else. This is even true if they were experienced and brought that skill set with them. This is the way I attacked these clauses: I already had the experience and the company is covered by intellectual property rights. For example, I can't share internal documents or lists. But the company can fire me, after taking my IP, and bar me from working in the industry. Screw that.

But this will be challenged.

Couple of thoughts. The non-competes are fundamentally unfair for a vast majority of workers. I've seen hair stylists with such agreements. They just stifle innovation, competition and bargaining for better wages.

The concern you raise about intellectual property is a good one and can be solved with separate non-disclosure agreements to ward off the theft and subsequent use of intellectual property.

Here comes the Chamber of Commerce with the "exceeds authority" argument and lawsuit against the FTC. A functioning Congress would easily take care of the issue.

The exceptions for the new FTC rule (wage limit and "apparent authority" of the upper management types) is probably fair in that those folks actively and seriously negotiate over such terms and the consideration given for the agreement (large severance packages, including cash and stock options) make the non-compete agreement more like a "bargained for" exchange.
 
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Couple of thoughts. The non-competes are fundamentally unfair for a vast majority of workers. I've seen hair stylists with such agreements. They just stifle innovation, competition and bargaining for better wages.

The concern you raise about intellectual property is a good one and can be solved with separate non-disclosure agreements to ward off the theft and subsequent use of intellectual property.

Here comes the Chamber of Commerce with the "exceeds authority" argument and lawsuit against the FTC. A functioning Congress would easily take care of the issue.

The exceptions for the new FTC rule (wage limit and "apparent authority" of the upper management types) is probably fair in that those folks actively and seriously negotiate over such terms and the consideration given for the agreement (large severance packages, including cash and stock options) make the non-compete agreement more like a "bargained for" exchange.
Agreed. I feel like these are just "headwinds" that companies put in place to make it difficult to leave. But if you have any real experience, you know they are just BS and bluster. I know a guy that spent $5k on lawyers. I've had this issue three times and all three times I, politely as I could, told them to go screw themselves. I also threaten them back. I've found the best defense is a good offense in business. Of course, you have to use the polite "code words" and not be overly angry.

Another tac to take is to tell your potential employer that you have a non-compete and ask them to represent you. I've never done this but know people who have. When the old employer sees that they are going up against deep pockets, they typically cave. They really just want to scare or exhaust the employee.
 
A functioning Congress would easily take care of the issue.

Bingo. Right now Congress is too busy writing spending bills that plunder the treasury and cause inflation. When they do write actual legislation it is vague, which the executive branch then proceeds to write "rules" defining what is meant.

Government needs to get back to Congress writing well written and detailed laws, the executive branch simply enforcing them, and the judiciary branch striking down laws dependent on someone other than Congress writing the laws.
 
I believe that non-competes are unfair when the employee is faced with right-to-work laws. With these in place, an employee takes a job for a week and can be fired with no ability to make a living somewhere else. This is even true if they were experienced and brought that skill set with them. This is the way I attacked these clauses: I already had the experience and the company is covered by intellectual property rights. For example, I can't share internal documents or lists. But the company can fire me, after taking my IP, and bar me from working in the industry. Screw that.

But this will be challenged.


Yes, what the FTC decision is really about is this. If I learn how to sew shirts and go to work at a shirt factory, the factory can't make me sign a noncompete to prevent me from getting a better job at another shirt factory. If I learn how to bake bread, a bakery can't use a noncompete to prevent me from working at another bakery.

The only thing you can use to prevent me from working for a competitor would be an employment contract. And that's the way it should be. That is capitalism.

But I'm still not allowed to take trade secrets and use them to improve the design of shirts at the second factory or the bread at the second bakery. IP still applies.

Yes it's true that most of the noncompetes out there were unenforceable, but the thing is, most of the employees who signed them didn't know that.

How many people didn't know they could quit for better jobs, and didn't get decent raises because of that lack of knowledge? The number is incalculable but it's big. No wonder the Chamber of Commerce cares about this -- they represent a lot of shitty employers who want to get away with shitty pay and shitty benefits without having to worry about their employees quitting for better jobs. The Chamber of Commerce talks a big game about the free enterprise system but they don't actually believe a word of what they say. They don't want free enterprise when it comes to employees.
 
Yes, what the FTC decision is really about is this. If I learn how to sew shirts and go to work at a shirt factory, the factory can't make me sign a noncompete to prevent me from getting a better job at another shirt factory. If I learn how to bake bread, a bakery can't use a noncompete to prevent me from working at another bakery.

The only thing you can use to prevent me from working for a competitor would be an employment contract. And that's the way it should be. That is capitalism.

But I'm still not allowed to take trade secrets and use them to improve the design of shirts at the second factory or the bread at the second bakery. IP still applies.

Yes it's true that most of the noncompetes out there were unenforceable, but the thing is, most of the employees who signed them didn't know that.

How many people didn't know they could quit for better jobs, and didn't get decent raises because of that lack of knowledge? The number is incalculable but it's big. No wonder the Chamber of Commerce cares about this -- they represent a lot of shitty employers who want to get away with shitty pay and shitty benefits without having to worry about their employees quitting for better jobs. The Chamber of Commerce talks a big game about the free enterprise system but they don't actually believe a word of what they say. They don't want free enterprise when it comes to employees.
spot on. non-competes have been used to scare and intimidate. When you show up they back down. But companies certainly deserve to keep their intellectual property secrets. But that is NOT a non-compete.
 
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The chair of the FTC was interviewed by Andrew Sorkin on CNBC’s Squack Box this morning. She said there are lots of protections for employers to prevent former employees from taking IT, client lists, financials, patent/copyright materials.

Said this should help innovation, new start ups, and wage growth.

Might find that interview on their website.

Found this

 
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The chair of the FTC was interviewed by Andrew Sorkin on CNBC’s Squack Box this morning. She said there are lots of protections for employers to prevent former employees from taking IT, client lists, financials, patent/copyright materials.

Said this should help innovation, new start ups, and wage growth.

Might find that interview on their website.

Found this

The federal government is completely out of control. People need to wake up before it’s too late. Saving Democracy. Yeah, right.
 
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The federal government is completely out of control. People need to wake up before it’s too late. Saving Democracy. Yeah, right.
hehe. sometimes the federal government IS out of control but this is not one of those times. A lot of federal rules obstruct free enterprise (and usually these rules are requested by big business lobbyists trying to prevent competition, btw). But this is not that. This is, as the FTC chairman quite correctly points out, GOOD for competition and it will free up resources and create new businesses and new jobs. People forget that the best form of capitalism is a private-public partnership. The correct role for government is to create markets and keep them healthy. Just like you need police in your community to put criminals in jail, an economy needs the rule of law and needs enforcement. If government is absent or totally corrupt (i.e. Latin America) it costs you in economic growth and everybody makes less money.
 
hehe. sometimes the federal government IS out of control but this is not one of those times. A lot of federal rules obstruct free enterprise (and usually these rules are requested by big business lobbyists trying to prevent competition, btw). But this is not that. This is, as the FTC chairman quite correctly points out, GOOD for competition and it will free up resources and create new businesses and new jobs. People forget that the best form of capitalism is a private-public partnership. The correct role for government is to create markets and keep them healthy. Just like you need police in your community to put criminals in jail, an economy needs the rule of law and needs enforcement. If government is absent or totally corrupt (i.e. Latin America) it costs you in economic growth and everybody makes less money.
totally agree. and I like the cap, to be honest. non-competes really hurt middle-class people who were intimidated and couldn't hire an attorney. People making a lot of dough could. I've never understood how businesses can have "right to work" and non-competes. Right to work meaning they can fire anyone for any reason if not covered by the protections of the constitution (race, sex, age).

It was pretty common for banks to hire a good salesperson for their business markets, take their book of business (relationships) and then fire the salesperson once they've used him/her up.
 
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