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Judge stops FTC from enforcing ban on non-compete agreements

computerworld.com

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Re: Judge stops FTC from enforcing ban on non-compete agreements

#101

Post by flanked-evergl »

waciki wrote: post #98
flanked-evergl wrote: post #97

Earlier quoted context omitted.

People loosing their liberties because of breaking the law — as determined by due process — is not slavery. They may feel enslaved, but again they cannot feel enslaved in any meaningful sense of the word because they are not enslaved in any meaningful sense of the word. https://www.heritage.org/crime-and-justice/commentary/the-my...

what are you talking about? Getting enslaved because you "broke the law" is as old as slavery

They are not getting enslaved. The temporary loss of liberties for conviction and sentencing happens in every single western country. This is not slavery.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#102

Post by 05 »

flanked-evergl wrote: post #97
defrost wrote: post #95

Earlier quoted context omitted.

That's simply untrue. You don't speak for "all Americans". A number of Americans (>1) see their imprisonment as a modern form of slavery, one that is explicitly allowed by the US Constitution: The U.S. Constitution bans slavery except as punishment for a crime ... In Texas, some prison farms are located on the same land as former slave plantations. It's "meaningful" in that they feel (with good justification) that th…

People loosing their liberties because of breaking the law — as determined by due process — is not slavery. They may feel enslaved, but again they cannot feel enslaved in any meaningful sense of the word because they are not enslaved in any meaningful sense of the word. https://www.heritage.org/crime-and-justice/commentary/the-my...

> The Heritage Foundation, sometimes referred to simply as "Heritage", is an activist American conservative think tank based in Washington, D.C.

Yeah, thanks for that unbiased source.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#103

Post by refurb »

techsupporter wrote: post #48
Dalewyn wrote: post #20

Earlier quoted context omitted.

>in the matter of law? The question is a matter of law. If the law is vague, it is the duty of the judiciary to call that out and of the legislature to rewrite the law to be more precise. Vague laws are not an excuse for executive agencies to go ham, and I applaud the judiciary for reining in executive abuse of power. That the specific consequence is enforcement of non-competes is ultimately irrelevant.

> If the law is vague, it is the duty of the judiciary to call that out and of the legislature to rewrite the law to be more precise. Why? Nothing in our Constitution requires precise laws. Arguably (and since I'm making it, I'll say I'm in favor of this argument), the Constitution would preclude overly strict laws because the Executive is a co-equal branch of government. > Vague laws are not an excuse for executive…

> Why? Nothing in our Constitution requires precise laws.

No, but Administrative Procedures prohibits “arbitrary and capricious” rules.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#104

Post by flanked-evergl »

05 wrote: post #102
flanked-evergl wrote: post #97

Earlier quoted context omitted.

People loosing their liberties because of breaking the law — as determined by due process — is not slavery. They may feel enslaved, but again they cannot feel enslaved in any meaningful sense of the word because they are not enslaved in any meaningful sense of the word. https://www.heritage.org/crime-and-justice/commentary/the-my...

> The Heritage Foundation, sometimes referred to simply as "Heritage", is an activist American conservative think tank based in Washington, D.C. Yeah, thanks for that unbiased source.

Bias does not change facts. There is no better time and place to be a criminal in the US than today. Criminals are being coddled, which is why most Democrat cities are so crime-ridden.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#105

Post by waciki »

flanked-evergl wrote: post #101
waciki wrote: post #98

Earlier quoted context omitted.

what are you talking about? Getting enslaved because you "broke the law" is as old as slavery

They are not getting enslaved. The temporary loss of liberties for conviction and sentencing happens in every single western country. This is not slavery.

I don't know if you're being good faith, prisoners are forced to work

https://en.m.wikipedia.org/wiki/Prison_farm

Re: Judge stops FTC from enforcing ban on non-compete agreements

#106

Post by wizzwizz4 »

waciki wrote: post #105
flanked-evergl wrote: post #101

Earlier quoted context omitted.

They are not getting enslaved. The temporary loss of liberties for conviction and sentencing happens in every single western country. This is not slavery.

I don't know if you're being good faith, prisoners are forced to work https://en.m.wikipedia.org/wiki/Prison_farm

> The study examined 62 private prisons contracts in 21 states. It found that the majority of these contracts guarantee that the state will supply enough prisoners to keep between 80 and 100 percent of the private prisons’ beds filled.

https://www.brennancenter.org/our-work/analysis-opinion/do-p... (2013)

Re: Judge stops FTC from enforcing ban on non-compete agreements

#107

Post by Ylpertnodi »

DoneWithAllThat wrote: post #92

This article is mostly lifted from a linked articles and is a dupe of yet another article and somehow none of the three saw fit to link to the ruling. Mostly all three are caterwauling about impact without addressing the ruling on its merits which combined with the reluctance to link to the ruling makes me wonder if maybe the legal analysis in it is more compelling than they’d like to admit.

Got a link?

Re: Judge stops FTC from enforcing ban on non-compete agreements

#109

Post by flanked-evergl »

waciki wrote: post #105
flanked-evergl wrote: post #101

Earlier quoted context omitted.

They are not getting enslaved. The temporary loss of liberties for conviction and sentencing happens in every single western country. This is not slavery.

I don't know if you're being good faith, prisoners are forced to work https://en.m.wikipedia.org/wiki/Prison_farm

No US prisoner is forced to work in any meaningful sense of the word "forced". They can just not work, they won't get beaten for it, they won't get killed for it. In some states, they are required to work. It's not the same as being forced to work. Being a criminal does not entitled them to free room and board on the taxpayer dime, in fact in a just world, society would be entitled to restitution from the criminal.

There is no better time and place to be a criminal in the US than today. Criminals are being coddled, which is why most Democrat cities are so crime-ridden.

Re: Judge stops FTC from enforcing ban on non-compete agreements

#110

Post by Dalewyn »

Propelloni wrote: post #74
spacephysics wrote: post #5

Earlier quoted context omitted.

At least with a judge you’d have representation in some form, and have an actual argument for-against it. Agencies will just write whatever they want, enforce it, then after have the legal system involved. At that point the damage is done. Lets try to get closer to laws and rules that have some semblance of representation, even if its not “perfect” yet.

Under the rule-of-law, after such a ruling, you can sue the state for damages. If you can show damages you will be made whole, i.e. indemnified. I, for one, am looking forward to companies showing how and how much they were damaged by the ban of non-compete clauses in working contracts. Should be some interesting numbers.

>If you can show damages you will be made whole, i.e. indemnified.

You can be made whole to the best extent humanly possible.

Which is to say, no. No matter how much money you might win, you can't be made whole for the time and human capital wasted on fending off Executive Branch abuse.

The ideal timeline is to stop the abuse before it has taken root, bloomed, and spread its hay fever all over the place.

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