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this post was submitted on 23 Apr 2024
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Holy shit, I had to sign one for my current job
I've had one in previous contracts. I smirked since they aren't applicable in my country unless they are willing to pay me to vacation.
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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!
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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.
My country has non-competes in the most sensible way: if you don't want the employee to go to a competitor, you must pay him what he could earn at the competitor during the duration of the non-compete. Employee quits? He can either join the competitor or you can pay him as long as you want him away from the competitor.
Will employers still put non-applicable non-competes? They sure do and I smile when I see those baseless clauses. Have they tried enforcing them at the "work tribunals" (free for the employee), yes they have and they've been laughed off by the judges.
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Is it controversial? The only support I’ve heard for them comes from corps, sleazy executives looking to control their employees. Everyone else is like”meh, clearly unfair and should be illegal but I can’t do anything about it and still have a job”
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"nearly"? What the fuck, America, they ALL should be banned.
The ban, which will take effect later this year, carves out an exception for existing noncompetes that companies have given their senior executives, on the grounds that these agreements are more likely to have been negotiated. The FTC says employers should not enforce other existing noncompete agreements.
Only exception seems to be preexisting agreements for top execs making more than ~150k yearly and having decisionmaking power.
Incredibly based
Well holy shit, when did they grow teeth? ... and balls?
Even something positive always needs to be a backhanded compliment on lemmy
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Since Lina Khan took over.
Lina Khan has balls.
Don't worry. The supreme Court will find a reason that their existence is unconstitutional soon
that their existence is unconstitutional soon
The new rule, or teeth and balls?
Yes
Pshhh how else would Clarence scrape Harland's balls?
The entire existence of the FTC lol.
I mean they haven't just dismantled entire agencies yet. The closest they've done is lean on a pretty basic idea - the rule making power those agencies have is power that belongs to Congress and is narrowly delegated to the agencies by Congress.
This means that such agencies cannot make rules that contradict legislation passed by Congress and can only make rules within the span of things delegated to them and no further (because Congress only delegated the power that Congress actually delegated and nothing more, even if it is related or feels like it should fall under their remit based on the name of the agency). Hence why the FCC can place controls on the content of radio or broadcast TV but has no say over the content of cable TV or streaming services - their power over the former is tied to their control and licensing of the use of the airwaves as a public commons (which they were delegated pretty broad authority over) which simply doesn't apply to cable or streaming.
Oh damn... I gotta think bigger.