FTC votes to ban non-compete agreements.

10,990 Views | 202 Replies | Last: 9 days ago by The Banned
aggiehawg
How long do you want to ignore this user?
AG
This will go over like a lead balloon.

Quote:

The Federal Trade Commission (FTC) voted 3-2 Tuesday to ban noncompete agreements that prevent tens of millions of employees from working for competitors or starting a competing business after they leave a job.

From fast food workers to CEOs, the FTC estimates 18 percent of the U.S. workforce is covered by noncompete agreements around 30 million people.
Quote:

The final rule would ban new noncompete agreements for all workers and require companies to let current and past employees know they won't enforce them. Companies will also have to throw out existing noncompete agreements for most employees, although in a change from the original proposal, the agreements may remain in effect for senior executives.

"It is so profoundly unfree and unfair for people to be stuck in jobs they want to leave, not because they lacked better alternatives, but because noncompetes preclude another firm from fairly competing for their labor, requiring workers instead to leave their industries or their homes to make ends," said FTC Commissioner Rebecca Slaughter (D) in prepared remarks.

The new rule is slated to go into effect in 120 days after it's published in the Federal Register. But its future is uncertain, as pro-business groups copposing the rule are expected to take legal action to block its implementation.

Business groups say noncompete agreements are critical for protecting proprietary information and intellectual property, although the rule would not ban other methods for protecting that information, including nondisclosure and confidentiality agreements. They also question the agency's authority to issue the blanket, retroactive ban.

Congress has not given the agency explicit authority to ban noncompetes, although there have been several bipartisan bills introduced to reform noncompete agreements, including the Workforce Mobility Act sponsored by Sens. Chris Murphy (D-Conn.), Todd Young (R-Ind.), Tim Kaine (D-Va.) and Kevin Kramer (R-N.D.), and the Freedom to Compete Act sponsored by Sens. Marco Rubio (R-Fla.) and Maggie Hassan (D-N.H.).

The U.S. Chamber of Commerce, the largest pro-business lobbying group in the country, has said it will sue to block the rule.
LINK

Just dumb.
BadMoonRisin
How long do you want to ignore this user?
AG
You think it's dumb that companies shouldn't be able to lay you off and also tell you who you can and cant trade your labor with for 6-12 months after you are gone?
AgResearch
How long do you want to ignore this user?
AG
Hope it goes through. Noncompetes are stupid. I gave one the middle finger on the way out the door and didn't have an issue but one of my colleagues had to sit on the sidelines for a year.
Logos Stick
How long do you want to ignore this user?
Quote:

From fast food workers

lmao

fast food workers don't sign non compete agreements!

thats Biden's bull**** to justfy this.
AgResearch
How long do you want to ignore this user?
AG
Logos Stick said:

Quote:

From fast food workers

lmao

fast food workers don't sign non compete agreements!

thats Biden's bull**** to justfy this.


Subway had them on "sandwich artists"
Logos Stick
How long do you want to ignore this user?
AgResearch said:

Logos Stick said:

Quote:

From fast food workers

lmao

fast food workers don't sign non compete agreements!

thats Biden's bull**** to justfy this.


Subway had them on "sandwich artists"

You serious Clark?
Aston04
How long do you want to ignore this user?
AG
This is gonna make a huge impact in the medical field. Health systems spend a ton to recruit and train... Now can be poached immediately after...
AgResearch
How long do you want to ignore this user?
AG
Logos Stick said:

AgResearch said:

Logos Stick said:

Quote:

From fast food workers

lmao

fast food workers don't sign non compete agreements!

thats Biden's bull**** to justfy this.


Subway had them on "sandwich artists"

You serious Clark?


Yep, Jimmy John's had them as well. I believe they stopped the practice about 6 or 7 years ago though.
P.U.T.U
How long do you want to ignore this user?
AG
Big deal for engineers and salespeople. Pretty standard to have a 1 year non-compete. Due to some of my projects my company tried to make me sign a 2 year, I said nope nope nope
RedHand
How long do you want to ignore this user?
AG
Want to explain why you are in favor on non-competes. They are extremely one sided
Bubblez
How long do you want to ignore this user?
The door to the transfer portal is going to be wide open.
Logos Stick
How long do you want to ignore this user?
Regardless of your opinion on this, Congress doesn't do **** anymore.

The Marxist agencies do. Pathetic. It needs to be burned to the ground. All of it.
K2Ag97
How long do you want to ignore this user?
Now let's ban Binding Arbitration Clauses!
aggiehawg
How long do you want to ignore this user?
AG
BadMoonRisin said:

You think it's dumb that companies shouldn't be able to lay you off and also tell you who you can and cant trade your labor with for 6-12 months after you are gone?
Not how that works. For most layoffs there is a compensation package offered and for higher compensated employees those come with a limited in time and place noncompete.

We saw that when Elon was booting twitter employees with the use of compensation packages.

I sold my business in the mid 2000s, part of the deal with separate compensation designated therefor was geographically restricted and time restricted noncompete. They were buying my company as a going concern but if I were free to set up shop and take my long term customers with me, that going concern value would be diminished, considerably if I took enough of them with me.

But had I wanted to move to Houston or Dallas and set up shop, that was allowed as therewould be no direct competition. There is a value in noncompetes for both sides.
P.H. Dexippus
How long do you want to ignore this user?
AG
RedHand said:

Want to explain why you are in favor on non-competes. They are extremely one sided
The freedom to contract
Ags4DaWin
How long do you want to ignore this user?
Aston04 said:

This is gonna make a huge impact in the medical field. Health systems spend a ton to recruit and train... Now can be poached immediately after...


Most healthcare workers work for peanuts before their training is complete.

The Healthcare system gets more than enough bang for their buck before the training is compete. If they want to retain them then they should pay them more.

0 sympathy
Ags4DaWin
How long do you want to ignore this user?
P.H. Dexippus said:

RedHand said:

Want to explain why you are in favor on non-competes. They are extremely one sided
The freedom to contract


So was indentured servitude.

When an entire industry conspires to create an industry standard through which they can completely remove someone's ability to negotiate their labor in the future it's the equivalent of indentured servitude.

It's wrong.
Ags4DaWin
How long do you want to ignore this user?
aggiehawg said:

BadMoonRisin said:

You think it's dumb that companies shouldn't be able to lay you off and also tell you who you can and cant trade your labor with for 6-12 months after you are gone?
Not how that works. For most layoffs there is a compensation package offered and for higher compensated employees those come with a limited in time and place noncompete.

We saw that when Elon was booting twitter employees with the use of compensation packages.

I sold my business in the mid 2000s, part of the deal with separate compensation designated therefor was geographically restricted and time restricted noncompete. They were buying my company as a going concern but if I were free to set up shop and take my long term customers with me, that going concern value would be diminished, considerably if I took enough of them with me.

But had I wanted to move to Houston or Dallas and set up shop, that was allowed as therewould be no direct competition. There is a value in noncompetes for both sides.


That's different for someone selling their business versus a laborer wanting to market their skills.

I agree with noncompetes on the one, vehemently oppose them for the other.
aggiehawg
How long do you want to ignore this user?
AG
Not to put too fine a point on this but the FTC has no authority to take that action in negating existing contracts nor banning new ones. Not within their Enabling Act establishing the agency.
BadMoonRisin
How long do you want to ignore this user?
AG
Which is bull*****

Sure, ill sign your stupid paperwork saying that I wont sue you for discrimination, harassment, or wrongful termination fine. take it.

They have no authority to be able to tell me where I can and cannot sell my labor the second the ink dries on the paperwork. Our contract is over.

If I leak IP, sue me.
buda91
How long do you want to ignore this user?
AG
Logos Stick said:

Quote:

From fast food workers

lmao

fast food workers don't sign non compete agreements!

thats Biden's bull**** to justfy this.



I saw one once, as a judge, aiming to prevent a delivery driver from working "inside, or outside, the US or Canada". They've gotten out of control. I'm just conservative as they come, but workers needs protection from this crap.
torrid
How long do you want to ignore this user?
AG
I generally hate non-competes, but I think there needs to be some accommodation made for people with a real employment contract versus those employed at-will. Non-competes should not exist at all for lower level workers certainly.
Aggie95
How long do you want to ignore this user?
AG
Very interesting to see how my employer handles this. They have very restrictive non competes and have successfully enforced them multiple times.
Panama Red
How long do you want to ignore this user?
AG
I started this thread when the rule was proposed.

Disheartening how many here wer me for this overreach by Federal Government.

https://texags.com/forums/16/topics/3354246
Come Out Roll
How long do you want to ignore this user?
AG
aggiehawg said:

Not to put too fine a point on this but the FTC has no authority to take that action in negating existing contracts nor banning new ones. Not within their Enabling Act establishing the agency.


Cool….now do Biden dismissing student loan debt…..
TexasRebel
How long do you want to ignore this user?
AG
Aston04 said:

This is gonna make a huge impact in the medical field. Health systems spend a ton to recruit and train... Now can be poached immediately after...


Sounds like free market.
AgGrad99
How long do you want to ignore this user?
AG
I see both sides of this.

As an employer, I dont want an employee taking my trade secrets to a competitor, without a reasonable time to protect myself. And training costs are ridiculously high, before an employer typically sees a return on their investment. So you train, expose your trade secrets, and then get your best employees immediately poached without any recourse?

I understand the argument from an employee, who simply wants to use a skill they've acquired (especially if they've been laid off).

But there has to be some sort of protection for the employer, for the myriad of situations where it's not that simple
Ag00Ag
How long do you want to ignore this user?
AG
RedHand said:

Want to explain why you are in favor on non-competes. They are extremely one sided
No, there not...

I hire a new associate to practice in my existing $4.4M facility with an existing client base and another $500K worth of diagnostic and treatment equipment that I've spent 16 years growing. They begin generating income with absolutely no investment or risk. They don't have to do anything to generate business, I provide them clients. I take the risk of their employment. After a couple of years, once they have endeared them selves to a portion of my client base, using my facility, at no risk to themselves and no capital investment, they can now go across the street and open up and take clients that I provided them with. Clients they could not have possibly gained access to without using my facilities and good will.

FWIW, the non-compete my associates have signed just says that if they leave my practice, they can not practice within 5 miles of my clinic for 1 year.
Ozzy Osbourne
How long do you want to ignore this user?
This is long overdue. Corporations have been abusing workers with non competes for a while now. Chamber of commerce/National Review conservatives are going to have a fit, and the populist wing of the conservative movement are going to celebrate.
AgGrad99
How long do you want to ignore this user?
AG

Quote:

Sounds like free market.
This is said a lot, but free market doesn't mean anarchy. It doesnt mean no rules or regulations apply.

In fact, it means a market, where the government doesnt intervene. In this case, the market has allowed for non-competes to exist, and the Government is intervening...
TexasRebel
How long do you want to ignore this user?
AG
Would they be doing this because they aren't adequately compensated?

If they can go across the street and make more money with the same customers. You're doing something wrong.
HDeathstar
How long do you want to ignore this user?
Not good - Limiting reasonable type of business contracts people can enter into.

Ags4DaWin
How long do you want to ignore this user?
Ag00Ag said:

RedHand said:

Want to explain why you are in favor on non-competes. They are extremely one sided
No, there not...

I hire a new associate to practice in my existing $4.4M facility with an existing client base and another $500K worth of diagnostic and treatment equipment that I've spent 16 years growing. They begin generating income with absolutely no investment or risk. Once they have endeared them selves to a portion of my client base, using my facility, they can now go across the street and open up and take clients that I provided them with. Clients they could not have possibly gained access to without using my facilities and good will.

FWIW, the non-compete my associates have signed just says that if they leave my practice, they can not practice within 5 miles of my clinic for 1 year.


This is no different than a sales position. A sales person would not have gained access to clients without first working for their current employer.

If the only thing keeping patients and customers at your company is a good employee then pay that employee what they are worth so they don't leave you.

Sounds like you don't want to pay that employee commensurate for the goodwill they are bringing and generating for your facility.

They are not taking company secrets with them that they can use against you when they go.
Ags4DaWin
How long do you want to ignore this user?
Aggie95 said:

Very interesting to see how my employer handles this. They have very restrictive non competes and have successfully enforced them multiple times.


Hope there is flood of people leaving for greener pastures.
BMX Bandit
How long do you want to ignore this user?
put aside pros/cons of a non-competition agreement.

Does anyone here think it's right for Feds to ban them? That's what this gets down to.
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.