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FTC bans noncompete agreements, making it easier for workers to quit. Here's what to know.
CBS News ^ | 4/23/24 | Kate Gibson

Posted on 04/23/2024 12:19:32 PM PDT by CFW

Federal regulators on Tuesday enacted a nationwide ban on new noncompete agreements, which keep millions of Americans — from minimum-wage earners to CEOs — from changing jobs within their industries.

The Federal Trade Commission on Tuesday afternoon voted 3-to-2 approve the new rule, which will ban noncompetes for all workers when the regulations take effect in 120 days. For senior executives, existing noncompetes can remain in force. For all other employees, existing noncompetes are not enforceable.

The FTC heard from thousands of people who said they had been harmed by noncompetes, illustrating how the agreements are "robbing people of their economic liberty," FTC Chair Lina Khan said.

The FTC commissioners voted along party lines, with its two Republicans arguing the agency lacked the jurisdiction to enact the rule and that such moves should be made in Congress.

(Excerpt) Read more at cbsnews.com ...


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: business; employees; ftc; noncompete
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To: discostu

Not true. Enforceability is regional. In my area, for instance, non-compete clauses for physicians have been universally upheld. This is going to be a major disruptor.


21 posted on 04/23/2024 1:21:44 PM PDT by armydoc
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To: alancarp

Should have been doing NDAs for intellectual property anyways.


22 posted on 04/23/2024 1:23:43 PM PDT by Valpal1 (Not even the police are safe from the police!!!)
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To: armydoc

Wow, that’s crazy. I think it’s a good disruption. They’re dumb.


23 posted on 04/23/2024 1:25:21 PM PDT by discostu (like a dog being shown a card trick)
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To: CFW

IF YOU DO NOT WISH TO SIGN A NON-COMPETE CLAUSE-—DO NOT TAKE THE JOB OR CONTRACT.

PERIOD

TOO MANY “WANNA-BE’S” Want to ride someone else’s coat tails.


24 posted on 04/23/2024 1:28:27 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: wildcard_redneck
I’ve been on both sides of noncompete agreements.

1. At no time did I ever feel like a “slave.”

2. If I didn’t like the terms of a noncompete agreement, I wouldn’t sign it. Imagine that.

3. If I can no longer use this type of agreement to protect my business interests, then I’m simply going to change the way I do business accordingly — and to the substantial detriment of others.

25 posted on 04/23/2024 1:35:44 PM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: CFW

Seems like yet another unconstitutional interference in contract law. But that’s why the bureaucrats do it.

But this is a set up for something. I’m not sure what, yet, but I have a feeling it is about hurting Trump and Trump businesses.

Something stinks about this.


26 posted on 04/23/2024 1:37:03 PM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: T.B. Yoits

Exactly.


27 posted on 04/23/2024 1:37:17 PM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Organic Panic

Donald Trump probably doesn’t make anyone sign noncompete agreements … because he might be one of a dozen people in the history of human civilization who can honestly say he has no competitors.


28 posted on 04/23/2024 1:42:44 PM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: CFW

Enforceability of non-compete agreements is a state law issue. In Texas they are generally enforceable, subject to a reasonableness test as to area and duration.

The FTC should have no jurisdiction or legal authority to abrogate private contracts that are otherwise enforceable. Unless there is a constitutional right implicated or some other federal question, the feds have no authority to regulate this. But that won’t stop them.


29 posted on 04/23/2024 1:48:17 PM PDT by con-surf-ative
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To: discostu

They make sense in some circumstances. Take a private medical practice, for instance. Two physician/owners are looking to expand so they recruit an associate. This new physician employee, often a new grad, is hired with a guaranteed salary for 2 years and often a considerable signing bonus. In turn the practice gets a new doc that is typically going to take a year or more to ramp up production since they are new to the area and unknown to the referral base. Additionally, the process of getting a new doc reimbursed by insurance plans is a nightmare of burocracy and delay/deny. So, the practice is taking on significant overhead with the hope that the associate will be a long term, productive employee or even a partner. If not for the non-compete clause, the new doc essentially could get his first 1-2 “lean years” subsidized by the practice, then quit and open up his own competing practice across the street, taking his patients with him. If this ruling sticks, I predict that employment contracts are going to shift away from salary to pay-for-production from day one. That’s going to be tough for new docs looking for stability early in their career.


30 posted on 04/23/2024 1:57:16 PM PDT by armydoc
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To: discostu

>>>
in (software) it’s pretty much doctrine, they never hold up, sign em, ignore em, take whatever job you want.
<<<

Again it depends. There are standards of reasonableness and consideration that have to be met — those depend on the State. Also, even if there are unreasonable/unlawful terms, many States follow a “red-pencil” rule which lets the presiding court strike out the offending terms (if any) and leave the rest of the NC in place.

I personally have seen data center IT/dev ops get sued when changing jobs to different data center providers. And an engineer working in a niche consulting field. The devops guy and his new employer decided to wait out his NC. And the engineer and the consulting company settled because we very aggressive and filed first in a more favorable forum than recited in the NC — but it took lawyering which costs money.

The companies that I have seen go after their ex-employees are small companies with vengeful/spiteful owners. Bigger companies wont bother unless the departing employee is a real big deal. Medical clinics/providers are also big on suing MDs that try to break NCs. Though, I haven’t had personal experience with one of those just read a lot of case law.

Though some of the abuses of NCs this rule is directed to are when low wage employees at restaurants, hair salons, or the like, are bullied with NCs. Those employees cannot afford lawyers. In several states this type of NC abuse is unlawful but not all.


31 posted on 04/23/2024 1:58:50 PM PDT by 13foxtrot
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To: armydoc

Great post. In my STEM field a NC agreement is rarely used outside an ownership contract. Senior managers agree to the NC terms as a condition of their ownership stake in the company. I can’t imagine the FTC ruling would ever cover this type of arrangement.


32 posted on 04/23/2024 2:06:28 PM PDT by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: aMorePerfectUnion
I built a lot of very specialized capability for PacBell during the years I worked there. They attempted to get me to sign away my rights (and those of my heirs/assigns) in perpetuity to any intellectual property that I had generated. Really? The "agreement" kept landing in the shredder. After 5 weeks, I received a notice from an external legal firm stating that PacBell had no right to ask for such an agreement. The "agreement" stopped being sent to me after that point.

My current employer asked for a disclosure of any current work that I wanted excluded from their purview as well as an "at will" employment agreement. No problem. I had a few specialized embedded systems that were developed for local hospitals that were explicitly excluded. I'm approaching 33 years with the current employer. I'll probably die before I retire.

33 posted on 04/23/2024 2:07:44 PM PDT by Myrddin
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To: CFW

I’ve always ignored them. Not constitutional.


34 posted on 04/23/2024 2:08:31 PM PDT by Fledermaus (Is it me, or all of a sudden have the buried trolls come out on FR like cicadas? It's all noise.)
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To: armydoc

I don’t know, my thought is if you’re primary concern is what happens when they leave you’re setting up a situation where they SHOULD leave. If you want your new doctor to stick around and not hang his shingle elsewhere then be a place worth staying at. Instead of being punitive be supportive. Give them opportunities to grow with in. Partner paths. Expansion paths.


35 posted on 04/23/2024 2:09:01 PM PDT by discostu (like a dog being shown a card trick)
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To: alancarp

HUSH MONEY!


36 posted on 04/23/2024 2:09:38 PM PDT by Fledermaus (Is it me, or all of a sudden have the buried trolls come out on FR like cicadas? It's all noise.)
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To: 13foxtrot

The first company I worked for was very petty like that. If the CEO even heard a rumor you were looking he’d fire you. He tried NCs and all kinds of crap. And went out of business because anybody worth a crap got out.


37 posted on 04/23/2024 2:10:46 PM PDT by discostu (like a dog being shown a card trick)
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To: CFW; Brit; ransomnote

Will not affect the illegal aliens though... this only applies to tax payers and those subject the laws, the IRS, etc.

Maybe now they can start to seal the Souther Border;) Afterall, the employers have a new class of hostages. Just change a rule - SCOTUS should get right on this because something of this magnitude requires Congress to pass lesigation making a law - per the 2022 SCOTUS RULING on Agencies creating rule, laws, etc. SCOTUS stated that Congress has not been doing their jobs.

How do ordinary Americans get a class action law suit the prevents Federal Agencies from enacting rules with the force of law? SCOTUS has not shut down the Agencies so we have to constantly deal with the EPA, FTC, ATF, FBI, etc.

Time for Change. Time to make Congress do something besides give money to Ukraine.


38 posted on 04/23/2024 2:17:31 PM PDT by Jumper
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To: CFW

“ arguing the agency lacked the jurisdiction to enact the rule and that such moves should be made in Congress.”

Sound constitutional reasoning.

Unfortunately, that ship has sailed.


39 posted on 04/23/2024 2:25:03 PM PDT by Jim Noble (Assez de mensonges et de phrases)
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To: CFW

Why? The rule does not apply to propriety matters such as intellectual property which are rightly protected from theft. It simply means for example if you worked as a bookkeeper at Dowee,Cheatham,& Howe they can’t make you agree that you will never start your own bookkeeping business or work for another firm in that capacity.


40 posted on 04/23/2024 2:44:34 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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