Noncompete Contracts: Protecting Businesses or Restricting Workers' Options?

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Noncompete Contracts: Protecting Businesses or Restricting Workers' Options?
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praised the FTC’s decision as a victory for workers’ rights, arguing that “The problem for businesses is not that they will lose trade secrets or valuable investments in workers to competitors. It’s that they just lost bargaining power to workers — and that’s exactly what the FTC intended.” The writer concluded, “If it should be easy for employers to fire workers, then it should also be easy for employees to quit. And that requires workers to have the right to take a better job.

The FTC’s 570-page rule outlaws so-called non-compete agreements across the economy. Employers use these agreements to restrict workers from joining competitors or starting their own firms for a specified duration after leaving. They protect an employer’s intellectual property and investment in worker development.Federal regulators are tearing up the controversial agreements that forbid millions of workers from taking jobs at companies that compete with their ex-employer.

More than a year after proposing to block most noncompete agreements, the Federal Trade Commission’s top officials voted 3-2 on Tuesday to do just that. Under the FTC’s ban, employers would have to tell workers their noncompete agreements are no longer enforceable. The rule also would ban most noncompetes in...It’s easy to understand why the US Chamber of Commerce is so upset about the Federal Trade Commission’s decision to ban noncompete agreements. The problem for businesses is not that they will lose trade secrets or valuable investments in workers to competitors.

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