FTC bans all noncompete clauses
#1
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Joined APC: May 2023
Posts: 66
FTC bans all noncompete clauses
Huge news for the Republic contract. Obviously the penalty of the liquidated damages is still insane but this should allow for freedom for those trying to move on. Federal Trade Commission Approves Ban Of Noncompete Agreements
#2
New Hire
Joined APC: Jan 2024
Posts: 7
Huge news for the Republic contract. Obviously the penalty of the liquidated damages is still insane but this should allow for freedom for those trying to move on. Federal Trade Commission Approves Ban Of Noncompete Agreements
#5
I don't think they should apply to pilots at all, but I think they have a place, especially with high level executives that know the "secret sauce" of one company and are essentially "selling" it to the competition by going to work for them. Even then, non-competes in those circumstances are usually compensated for the duration of the non-compete, so that shouldn't be a big deal in those situations.
#6
He said nothing of the sort. He said it was administrative over reach. Don't shoot the messenger.
The FTC is trying to do something that is a stretch on the powers given them by law (that is, by Congressional legislation). They are at high risk of being slapped down in the courts by those people who want people to be obligated by NCCs. The whole Chevron deference issue is hanging by a thread at the Supreme Court right now,
https://news.harvard.edu/gazette/sto...stential-test/
Blame the EPA for trying to declare seasonal mud puddles to be "navigable waterways of the United States. Now it looks like all the alphabet agencies might get their discretionary powers reined in.
The FTC is trying to do something that is a stretch on the powers given them by law (that is, by Congressional legislation). They are at high risk of being slapped down in the courts by those people who want people to be obligated by NCCs. The whole Chevron deference issue is hanging by a thread at the Supreme Court right now,
https://news.harvard.edu/gazette/sto...stential-test/
Blame the EPA for trying to declare seasonal mud puddles to be "navigable waterways of the United States. Now it looks like all the alphabet agencies might get their discretionary powers reined in.
#7
Gets Weekends Off
Joined APC: Oct 2019
Position: Crew room attendant
Posts: 384
Huge news for the Republic contract. Obviously the penalty of the liquidated damages is still insane but this should allow for freedom for those trying to move on. Federal Trade Commission Approves Ban Of Noncompete Agreements
#9
https://www.msn.com/en-us/money/mark...ts/ar-AA1nAmXC
WASHINGTON—The nation’s biggest business lobbying group and a national tax-services firm both sued the Federal Trade Commission on Wednesday, igniting a flare of lawsuits over the agency’s regulation aimed at ending noncompete agreements.
The U.S. Chamber of Commerce challenged the regulation in federal court in East Texas, while the tax firm Ryan LLC filed its lawsuit in Dallas. Other business groups joined the chamber’s suit, including the Business Roundtable, which represents chief executive officers of some of the country’s biggest employers.
The U.S. Chamber of Commerce challenged the regulation in federal court in East Texas, while the tax firm Ryan LLC filed its lawsuit in Dallas. Other business groups joined the chamber’s suit, including the Business Roundtable, which represents chief executive officers of some of the country’s biggest employers.
Noncompete clauses violate a 110-year-old law that prohibits unfair methods of competition, the FTC says. The restrictions hamper competition for labor, the agency says, because employees can’t easily leave for higher pay and better benefits. Removing them would boost employee earnings by $400 billion or more over 10 years, the FTC estimates.
The Chamber’s lawsuit says policymakers and courts have for decades recognized the value of noncompete agreements, while state governments have put curbs on them “when they go too far.” The federal government has never regulated noncompete contracts, the Chamber says, and Congress never authorized the FTC to step in and take over for the states.
The Chamber’s lawsuit says policymakers and courts have for decades recognized the value of noncompete agreements, while state governments have put curbs on them “when they go too far.” The federal government has never regulated noncompete contracts, the Chamber says, and Congress never authorized the FTC to step in and take over for the states.
#10
I'm saying I don't think federal bureaucrats have the legal authority to make a sweeping prohibition. That's almost glaringly obvious so I think it will probably get thrown out.
Seems like Congress could/should pass a law with an appropriate degree of specificity.
I think NCC have a place, where somebody came in and by the nature of their job was granted full access to your IP, processes, or maybe customer base and then quickly bails for another employer who is basically hiring you (and typically paying you a premium) more for your insider info than for your skills and experience. It's a thing.
That should be limited to jobs where you are directly involved with critical competitive info, and should have a time limit... say after five or ten years you can take your years of work experience with you regardless. As opposed to leaving after four months, with a USB drive in your shoe.
NCC should not apply to burger flippers, nurses, pilots, etc. NCC have been abused when it comes to hourly laborers.
Seems like Congress could/should pass a law with an appropriate degree of specificity.
I think NCC have a place, where somebody came in and by the nature of their job was granted full access to your IP, processes, or maybe customer base and then quickly bails for another employer who is basically hiring you (and typically paying you a premium) more for your insider info than for your skills and experience. It's a thing.
That should be limited to jobs where you are directly involved with critical competitive info, and should have a time limit... say after five or ten years you can take your years of work experience with you regardless. As opposed to leaving after four months, with a USB drive in your shoe.
NCC should not apply to burger flippers, nurses, pilots, etc. NCC have been abused when it comes to hourly laborers.
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