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For example, the sandwich chain Jimmy John’s previously came under scrutiny for forcing its low-wage workers to sign noncompete agreements that prevented them from working for a nearby business for two years after they left.
Jesus, they basically want slavery. They want workers to be completely dependent on them to the point that you legally can't go work at a different sandwich shop. I've only eaten there once and it was mediocre, but I'll never step foot in there again. What the fuck.
Fun fact, there are franchise owners for all the big names that do this. McDonald's, Pizza Hut, etc. It's not usually a corporate decision.
Related, there are chains that won't hire from each other. They maintain a gray list of previous employees and you can only get hired back at your original location.
McDonald's et al corporate level don't care if franchisees do this? I mean, I can see them not caring...but I could also see them trying to score social points by pretending to care and claiming they disallow it.
Ah yes, workers might take those precious trade secrets of (checks notes) how to make a sandwich.
Not slavery, serfdom.
Which is technically better then slavery for the serfs, but conveniently is also significantly cheaper for the landed gentry/capital class as they don't have to feed or house their serfs.
I thought it was a federal law, but it might just be in my state, but I thought for a non-compete to be valid, the employee has to be compensated for it?
I don't know of any circumstance where you would be specifically compensated for a non-compete, but in my state they aren't valid unless you make a certain base compensation, which is currently about $125k/year.
Why do you think political bribery is so rampant and expected in the US?
Our politicians are almost exclusively paid middle managers for the owners. DC works for Manhattan and Silicon Valley.
Cute how she's being likely being paid under the table by some lobbyists that benefits from said non-compete agreements. And even if not under the table, it's likely under the form of campain contributions, etc. Politics and capitalism mixed together brings the worst in both.
Nobody in their right mind would elect to veto something giving more rights to the working class without having some personal interests on the line.
You picked the wrong side, Governor.
companies legitimately trying to retain top talent
Basically blacklisting them from their field for a year after leaving your company is not how you retain talent. Pay them better. Give them better health coverage or other benefits. Only being able to retain talent by basically threatening them if they leave is not a good look.
Thank god for states with half a brain. Non-competes are illegal in my state and not enforceable.
In my country non-compete laws are extremely rational: if you want to enforce such a contract, pay the person what he could make at a competitor during the entire duration you want to prevent him from going to the competition.
It's not up to the State to pay unemployment for people because you don't want talent to go somewhere else. Pay up or STFU.
Idiot employers will still put silly non-compete clauses into their contracts to scare people but I just chuckle as they are unenforceable unless they want to pay me to stay "on the beach".
Related. My previous employer had a b2b non-compete. The clients couldn't hire me. Yes it did end up costing me a job and a lawyer told me it would be very dicey challenging it the way it was written. On the plus side the client went bankrupt a few months back so that would have sucked.
The big question is, would they have gone bankrupt if they had been allowed to hire you?
Any chance of overturning the veto?
legitimately trying to retain top talent
"Trying to figure out how to pay their talent less"
If you want to retain top talent, pay them, give them better working conditions, offer them fulfilment. Don't make it illegal for them to work elsewhere.
We need free markets and deregulation... until it inconvenieniences non-productive shareholders in the slightest or those dirty workers start getting a little uppity.
In California, non-compete agreements are banned unless the company compensates the person subject for the agreement. If the company can impose one for free, why not subject everyone to them?
From this photo, this woman looks like the baddie from Men In Black 2.
Hope they have votes to overrule her veto.
Asshole.
The funny thing is then the rich companies spends millions on lawyers to say that poached employee's stuff was common knowledge and thereby not an NDA issue or trade secret.
You turn around and say I'm leaving but will say the same stuff that person said to the next employer and they'll sue with the same lawyers.
"It's ok if I do it but not if they do it"
Aren't non competes generally very difficult to enforce? The people I've known that have gotten in trouble with non compete agreements are those in management positions that engaged in very active poaching of their old teams within a specified time frame.
Also, given the nature of remote work and hiring, I kind of have a mixed feeling. What does this kind of state regulation in a VHO/WFH environment do to NY workers in a job market with flexible location? These regulations really should be at the federal level.
If I could just leave my current company and go to a different company that did the same thing it would be good for me if I wanted to move or make more money. The other company would probably not really make that much money.
"trying to retain top talent".
THEY ARE NOT CHATTLE.