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FTC announces rule banning noncompetes

ftc.gov

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Re: FTC announces rule banning noncompetes

#41
post #26

The U.S. Chamber of Commerce is likely to file suit: https://www.uschamber.com/finance/antitrust/chamber-comments...

I thought that non-governmental business association was pro-competition; guess not.

Edit: it was a dig to the pro-competition façade some pro-business people put forward.

Re: FTC announces rule banning noncompetes

#42

> Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions. Lot's of devs will be surprised to discover they are in policy making positions.

Unlikely they are in a policy making position.

You're missing the subtle sarcasm here. OP is implying that companies will deem engineers making $150k+ as making policy decisions in order to continue enforcing the existing non-competes they have most likely signed.

Re: FTC announces rule banning noncompetes

#43
post #24

This seems incredibly important. I know non-compete rules personally held me back at a previous tech job. I'm interested to see how this hits finance firms – I know people who were forced to take a year off between jobs (although they were compensated the whole time). Always thought that would be a pretty sweet deal.

I was subject to one as well, but it was just on my base, not total comp, which was not the majority of my compensation. And while my base was fine, it was more or less explicitly stated that this was meant to make it painful for employees to leave and had almost zero to do with any special information the employee had.

Re: FTC announces rule banning noncompetes

#44

> Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions. Lot's of devs will be surprised to discover they are in policy making positions.

I'd imagine that would be considered a role change and a new non-compete, and thus forbidden. That's definitely how I'd approach it if someone told me I was suddenly an exec. "Sweet, sounds good. Send over the new employment contract, then! With a 10% raise, of course."

Re: FTC announces rule banning noncompetes

#45
post #26

The U.S. Chamber of Commerce is likely to file suit: https://www.uschamber.com/finance/antitrust/chamber-comments...

Total aside, but I think it is ridiculous that CoC larps as a quasi governmental organization. When in actuality it is a Union of Capitalists.

Re: FTC announces rule banning noncompetes

#46

> Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions. Lot's of devs will be surprised to discover they are in policy making positions.

[deleted]

Re: FTC announces rule banning noncompetes

#48
post #24

This seems incredibly important. I know non-compete rules personally held me back at a previous tech job. I'm interested to see how this hits finance firms – I know people who were forced to take a year off between jobs (although they were compensated the whole time). Always thought that would be a pretty sweet deal.

It's worth noting that the so-called "garden leave" you're describing usually doesn't come with things like bonuses. That may even be a majority of your compensation depending on the role.

Re: FTC announces rule banning noncompetes

#50

My attorney friends tell me that the FTC doesn't really have the ability to do this, since contract law is part of state law. (My poor paraphrasing, not theirs.) I've been surprised I haven't seen this mentioned on social media or in the news. Are my friends wrong, or are people celebrating because this is just a step in the right direction even if it may not do anything yet?

The federal government has the constitutional right to regulate interstate commerce, and 100 years ago it discovered that all commerce is now interstate commerce, followed by the supremacy clause which is selectively applied (ie. not for scheduled drugs, but for everything else)

This Supreme Court could be friendly to invalidating that expansive interpretation though

so, big mismatch from the executive branch / agencies with the judicial branch which could completely warp our relationship with the Federal Government and what we find familiar in our way of life

But I dont think its as simple as saying “contract law is part of state law”

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