FTC bans non-competes

In a shocking twist, the government makes a decision that actually helps workers!! 


https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes

2
|
OW38B
Posts
3619
Joined
8/17/2006
Location
Coto de Caza, CA, USA
4/23/2024 3:30pm

Seems they are promising quite a bit here.......good luck on the delivery.

2
4/23/2024 5:18pm

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

11
1
PNWMXer
Posts
1757
Joined
1/13/2022
Location
Washington, WA, USA
4/23/2024 5:42pm
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

I believe this falls under the category of “the best way to create a big problem is to start with a small one, the let the government “solve” it…”

4

The Shop

jchek779
Posts
533
Joined
3/19/2009
Location
Kannapolis, NC, USA
4/23/2024 6:04pm

This will just push more business owners to delegate to capable remote work in PHP and LATAM.  There is skill and education in those areas at the same level or above entry level white collar workers here in the US, at a fraction of the cost. 

This isn't a win for workers.  It just puts business owners at a cross roads.

3
inflammable
Posts
2219
Joined
10/2/2009
Location
Abilene, TX, USA
4/23/2024 6:13pm
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

Why would said worker go to one of your competitors? 

We have to be careful about wanting a free market for businesses but wanting a controlled market for the workers, skilled or unskilled. 

3
Titan1
Posts
9417
Joined
2/3/2010
Location
Lehi, UT, USA
4/23/2024 6:20pm
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

6
disbanded
Posts
6927
Joined
8/26/2007
Location
Evergreen, CO, USA
4/23/2024 6:36pm
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

Exactly, they hurt the workers far more than the employers, and I own a business.  I agree maybe it shouldn't be a blanket law though, there are certainly some intricacies.

2
1
4/23/2024 6:53pm Edited Date/Time 4/23/2024 8:41pm
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

Information including vendors and customers could still be covered under a non-disclosure agreement, it doesn't stop your employee finding other vendors and other customers in your industry.

1
early
Posts
9906
Joined
2/13/2013
Location
University Heights, OH, USA
4/23/2024 8:15pm
Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

I've seen 5 year non-competes for entry level engineering positions. What good is getting experience if you can't take it with you.

4
jchek779
Posts
533
Joined
3/19/2009
Location
Kannapolis, NC, USA
4/24/2024 5:39am
Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

early wrote:

I've seen 5 year non-competes for entry level engineering positions. What good is getting experience if you can't take it with you.

The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete. 

An efficient market free of government meddling will sort this stuff out on its own. With the last 3 years of "jobs reports" wouldn't all the power be in the hands of the employee at this point?

1
5
zookrider62!
Posts
6825
Joined
12/22/2008
Location
Plano, TX, USA
4/24/2024 6:41am
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

fun story from my area.

 

A popular radio station lost 2 big names (sports radio talk show), the former hosts had non-compete which restricted them from joining other radio programs for x amount of months. So the former hosts started a podcast, and the company sued.

 

Fortunately, the judge agreed that a podcast is not a direct competitor of terrestrial radio, and the former hosts got to keep their podcast

early
Posts
9906
Joined
2/13/2013
Location
University Heights, OH, USA
4/24/2024 6:41am
jchek779 wrote:
The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete.  An...

The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete. 

An efficient market free of government meddling will sort this stuff out on its own. With the last 3 years of "jobs reports" wouldn't all the power be in the hands of the employee at this point?

Doesnt banning non-competes expand the free market of jobs? It's bad enough having medical insurance linked to your job.

3
ThatOneMXGuy
Posts
1073
Joined
12/28/2023
Location
Somewhere, MO, USA
4/24/2024 6:51am

Definitely the right decision. They’re ridiculous.

2
Falcon
Posts
12413
Joined
11/16/2011
Location
Menifee, CA, USA
4/24/2024 7:34am
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

Information including vendors and customers could still be covered under a non-disclosure agreement, it doesn't stop your employee finding other vendors and other customers in your...

Information including vendors and customers could still be covered under a non-disclosure agreement, it doesn't stop your employee finding other vendors and other customers in your industry.

This. Non-competes are redundant for that benefit to the employer, and they only serve to hamstring the employee. I should be free to quit and go into business for myself or for a competitor as long as I'm not stealing intellectual property or the customer base of my former employer, both of which can be achieved without a non-compete agreement.

4
4/24/2024 7:52am
Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

early wrote:

I've seen 5 year non-competes for entry level engineering positions. What good is getting experience if you can't take it with you.

jchek779 wrote:
The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete.  An...

The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete. 

An efficient market free of government meddling will sort this stuff out on its own. With the last 3 years of "jobs reports" wouldn't all the power be in the hands of the employee at this point?

The free market has proven time and time again to implode itself without regulation. 
 

corporate greed knows no limit 

truck
Posts
3718
Joined
6/10/2015
Location
Louisville, KY, USA
Fantasy
4/24/2024 11:03am

Non compete says nothing about term of a contract. If you don't want your employee leaving, sign them to a longer contract or offer them incentive to stay. 

I have refused to sign contracts with non compete but every contract I've signed has signing bonus that I pay back if I leave before the term is up or a retention bonus. I have an out if the job blows but have ended up fulfilling every contract in part because I don't want to pay back the bonus. 

truck
Posts
3718
Joined
6/10/2015
Location
Louisville, KY, USA
Fantasy
4/24/2024 11:07am
OW38B wrote:

Seems they are promising quite a bit here.......good luck on the delivery.

The delivery is pretty easy. Only way to enforce these in first place is taking someone to court. You don't bother doing that unless you've got a good chance at collecting. This policy gives very easy defense and makes pursuing anything not at all worth it. Most of them are already not enforced as it is. 

zehn
Posts
7886
Joined
1/15/2013
Location
Anchorage, AK, USA
4/24/2024 1:02pm

If an employee can learn your processes, your customer list, your relationships etc in a short time and then jump ship and take all of that from you then that’s a you problem

This is absolutely a win for workers, not even a question. Current non compete “agreements” are very restrictive and don’t serve a real purpose. They’ve been outlawed in California for quite a while already

2
LoudLove
Posts
2876
Joined
7/16/2010
Location
USA
4/24/2024 1:05pm
So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be...

So if I hire a worker, introduce him to my vendors and customers, and pay him while I teach him the business, that worker should be able to take that information and practices to my competitor or use that information to start their own business at any time ? The point of a non-compete is to give a cooling off period so the business that trained the employee can have the opportunity to continue to earn that business without interference from the person that they paid to learn the business. Lots more nuances, but there is an applicable place for non-competes in some industries. An outright ban seems excessive.

Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

fun story from my area.   A popular radio station lost 2 big names (sports radio talk show), the former hosts had non-compete which restricted them...

fun story from my area.

 

A popular radio station lost 2 big names (sports radio talk show), the former hosts had non-compete which restricted them from joining other radio programs for x amount of months. So the former hosts started a podcast, and the company sued.

 

Fortunately, the judge agreed that a podcast is not a direct competitor of terrestrial radio, and the former hosts got to keep their podcast

Baby arm…

1
VL13
Posts
474
Joined
4/8/2024
Location
Eagle Nest, NM, USA
4/24/2024 1:06pm

If Corporate America actually took care of their people, nobody would have to worry about non-competes. Loyalty is a two way street and I’ll always err on the side of caution, with the working man. 

2
zookrider62!
Posts
6825
Joined
12/22/2008
Location
Plano, TX, USA
4/24/2024 1:07pm
Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

fun story from my area.   A popular radio station lost 2 big names (sports radio talk show), the former hosts had non-compete which restricted them...

fun story from my area.

 

A popular radio station lost 2 big names (sports radio talk show), the former hosts had non-compete which restricted them from joining other radio programs for x amount of months. So the former hosts started a podcast, and the company sued.

 

Fortunately, the judge agreed that a podcast is not a direct competitor of terrestrial radio, and the former hosts got to keep their podcast

LoudLove wrote:

Baby arm…

a fellow P1 I see

VL13
Posts
474
Joined
4/8/2024
Location
Eagle Nest, NM, USA
4/24/2024 1:08pm
LoudLove wrote:

Baby arm…

He died last year.

LoudLove
Posts
2876
Joined
7/16/2010
Location
USA
4/24/2024 1:25pm
LoudLove wrote:

Baby arm…

VL13 wrote:

He died last year.

Courage…

zookrider62!
Posts
6825
Joined
12/22/2008
Location
Plano, TX, USA
4/24/2024 1:30pm
LoudLove wrote:

Baby arm…

VL13 wrote:

He died last year.

got sick and pass away

VL13
Posts
474
Joined
4/8/2024
Location
Eagle Nest, NM, USA
4/24/2024 2:33pm

Heart attack, is what I believe I heard. Not from complications of a single to table…..

Timo
Posts
1442
Joined
1/9/2021
Location
Wichita, KS, USA
4/25/2024 6:15am
Titan1 wrote:
The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working...

The issue is that non competes have gotten ridiculous…way to long and way to restrictive with broad definitions that prevent some workers from leaving bad working environments because they can’t work anywhere else in their industry. 

early wrote:

I've seen 5 year non-competes for entry level engineering positions. What good is getting experience if you can't take it with you.

jchek779 wrote:
The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete.  An...

The beauty of a free market is that you are free to accept a job offer with another company that doesn't have a stringent Non-compete. 

An efficient market free of government meddling will sort this stuff out on its own. With the last 3 years of "jobs reports" wouldn't all the power be in the hands of the employee at this point?

This isn't always the case, sometimes you gotta take a job when you get an offer. Maybe your life circumstances don't allow you to move for a better job, but several years later you can except the non compete locks you in. 

The company I worked for didn't make me sign a non-compete, but I had to sign a 2 year minimum agreement to be sent to training. If I had left early then I'd have to pay back a prorated amount of the cost for training. This make more sense to me in most circumstances than a non-compete. Pay your employees a fair wage with good benefits and they won't take your secrets to a competitor.

1
Gworm
Posts
2781
Joined
4/5/2017
Location
Monett, MO, USA
4/25/2024 6:50am
Timo wrote:
This isn't always the case, sometimes you gotta take a job when you get an offer. Maybe your life circumstances don't allow you to move for...

This isn't always the case, sometimes you gotta take a job when you get an offer. Maybe your life circumstances don't allow you to move for a better job, but several years later you can except the non compete locks you in. 

The company I worked for didn't make me sign a non-compete, but I had to sign a 2 year minimum agreement to be sent to training. If I had left early then I'd have to pay back a prorated amount of the cost for training. This make more sense to me in most circumstances than a non-compete. Pay your employees a fair wage with good benefits and they won't take your secrets to a competitor.

Are you a pilot?

Post a reply to: FTC bans non-competes

The Latest