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Product Marketing Leader & Advisor

The fine print can only be read only if held up to a mirror. The ban on noncompete agreements is turning out to be non-straightforward. Uncertainty is rising over whether employers can require workers to sign noncompetes following legal challenges in two states to the FTC ban that is set to take effect in September. Chances are we've all seen them and signed them - noncompetes. They're usually included in that avalanche of paper and digital disclosures employers requires employees to sign on Day 1. One in five workers, or 30 million people, are restricted by noncompete agreements, which are employment contracts that limit the ability of employees to work for competitors or even start their own businesses. Because of their 'blanket' use by employers, the problem is they can apply to a wide range of employees from those earning minimum wage to CEOs. For employees, noncompetes can reduce innovation, inhibit wage and economic growth, and trap workers. In practice, they can be used to prevent those in the workforce from, say, moving to a competitor or realistically, anywhere without the approval of the previous employer under which the agreement was signed. For employers, the argument is that without noncompetes, companies could face challenges like protecting confidential information and competition for skilled employees. That's exactly the argument on which the legal challenges are being made. In many states including California, Minnesota, Oklahoma and North Dakota, noncompetes have already been banned, and at least a dozen other states have passed laws limiting their use. But, that has stopped employers from continuing to include them in employment documents. A total ban on noncompetes doesn't make much sense especially for rank-and-file and lower-wage workers. But they do in certain ways for senior executives and corporate leaders. Those noncompetes, however, are typically negotiated. Unless you're already in a state that deems them unforceable, noncompetes remain in economic limbo until this gets sorted out. And even then, there will be plenty of companies competing to file the next injunction https://lnkd.in/gRWVjATM #workers #ftc #noncompete #workplace #employees #employers #business #wages #career #workforce

The Noncompete Clause Moves Deeper Into Limbo

The Noncompete Clause Moves Deeper Into Limbo

wsj.com

Randy Keho

Barstool Philosopher Spreading unsolicited, whiskey-infused advice for the lack of anything better to do with my life

5mo

I worked for three corporate giants that threatened us with noncompete clauses, but they always failed to follow through. There were no real secrets to protect. We all knew our competitors ever-changing strategies just by being in the business. It’s a copycat world. If something works, you assimilate it. Nobody invents a better mousetrap.

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