The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own.
What gets me is how controversial things like this are in the US. Non-competes are antisocial, because they blunt one of the few mechanisms capitalism has to keep employers in check -- labor market mobility. One of the things that's supposed to make capitalism kind of okay is the fact that "if you don't like it, you can go elsewhere." Well, if you're not allowed to start a business or get another job in your line of work for like years after you leave, how the hell are you supposed to actually do that? How does the labor market route around bad employers when workers are literally trapped?
Way I see it, a non-compete is just an employer's way of telling you they'd keep you trapped in a box in your off-hours if they could.
I remember my last job had a Non compete. I was a handy man. Non competes for NBA players and wealthy CEOs, fine. But non compete for just regular people doing regular jobs is crazy. Once I leave my current job, my ex employer should have no say in where I work afterwards.
This sounds awesome, but I will say that I'm a bit concerned about whether or not the Supreme Court will let this stand. I'm speculating that the Supreme Court may strike it down and say that the FTC doesn't have jurisdiction and that non-compete clauses should be handled by the Department of Labor or something like that. Imo it could fall under either department because the FTC is meant to tackle anti-trust measures, and non-compete clauses could be seen as a form of monopolistic behavior (restricting competition).
At the same time, however, non-competes have to do with labor practices, which is why I could see the Supreme Court saying that it's something the DoL should enforce, and because (afaik at least) the DoL only has the power to enforce legislative regulation, we'd end up back where we started: waiting for Congress to get their shit together and actually do something instead of sitting around and picking fights or virtue signalling.
I hope I'm wrong though. I'd like it if our Supreme Court would let us have nice things every now and then.
Shortly after the vote, the U.S. Chamber of Commerce said it would sue the FTC to block the rule
The US Chamber of Commerce is a right-wing lobbying group for businesses, unrelated to the US Department of Commerce which is an actual government agency.
In some countries this has long been handled by requiring that non-competes are only enforceable if the employer employee keeps on getting paid during the non-compete period.
Want to restrict my freedom of trading my work, pay up!
Would this also apply to a contracting agency that has a noncompete document that had to be signed by their contractor employees?
The noncompete is so that the contracting employee can't end the contract early and then be hired directly by the company they were being contracted to. At least not for at least a year after ending the contract unless the length of the contract was completed in full.
the fact that non competes and NDAs are a thing upon leaving a company is fucking insane to me, seems like blackmail at best and straight illegal at worst.
This is amazing! I’ve always had to be under a noncompete even though no one gives a shit about my work. So while no one would probably ever enforce it, I was always worried when switching jobs and now I don’t have to.
*So what's the historical use of these? I can only assume in the past it was used sparingly, then went further and further until the current state of "fuck you employees".
Wow that's actually good. So who did this, where'd they put the original people, and how can we replicate the results with every other regulatory body?
NDA is different than noncompete. Two companies sign an NDA so they can work together for example without fear the one or the other will disclose secrete information. Same between two regular folks. Like if I'm working on some plastic gizmo and I need to have a part made, I don't just send it out to any machine shop. I first ask them to sign my NDA so they don't just figure out my part and start selling it under a different name. 99% of the time there's no need, but that 1%, that's when you could be sitting on a goldmine and you end up giving it away for nothing.