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U.S. moves to bar noncompete agreements in labor contracts (nytimes.com)

868 points by yoelo · 1339 days ago · 494 comments on HN

Article summary

The US is moving to bar noncompete agreements in labor contracts, which some argue have been abused by companies to restrict employee mobility. The proposal would retroactively nullify existing noncompetes and prevent employers from entering into new ones. The move aims to tip the power balance in the employer-employee relationship in favor of employees. The Federal Trade Commission's (FTC) proposal has sparked debate about the agency's power and the role of regulations in labor law.

Main themes

  • noncompete agreements
  • labor law
  • agency power
  • regulation
  • employer-employee balance
  • government oversight

What commenters say

  • Some argue that noncompete agreements have been used excessively and unfairly to restrict employee mobility, particularly for low-wage workers.
  • The FTC's proposal may be seen as an overreach of agency power, potentially violating the Constitution.
  • Others believe that agencies should be able to make regulations, as Congress cannot be expected to have the expertise to regulate every industry.
  • There is concern that the Supreme Court may limit the power of the FTC and other federal agencies, potentially undermining the proposal.
  • The use of noncompete agreements can be seen as a form of exploitation, where companies use them to maintain power over employees.
  • Some argue that the proposal would be difficult to enforce, particularly in cases where employers use arbitration to enforce noncompete agreements.
  • The issue of noncompete agreements highlights the broader debate about the balance of power between employers and employees, and the role of government in regulating labor markets.