Federal regulators on Tuesday [April 23, 2024] enacted a nationwide ban on new noncompete agreements, which keep millions of Americans — from minimum-wage earners to CEOs — from switching jobs within their industries.
The Federal Trade Commission on Tuesday afternoon voted 3-to-2 to approve the new rule, which will ban noncompetes for all workers when the regulations take effect in 120 days [So, the ban starts in early September, 2024!]. For senior executives, existing noncompetes can remain in force. For all other employees, existing noncompetes are not enforceable.
[That's right: if you're currently under a noncompete agreement, it's completely invalid as of September 2024! You're free!!]
The antitrust and consumer protection agency heard from thousands of people who said they had been harmed by noncompetes, illustrating how the agreements are "robbing people of their economic liberty," FTC Chair Lina Khan said.
The FTC commissioners voted along party lines, with its two Republicans arguing the agency lacked the jurisdiction to enact the rule and that such moves should be made in Congress...
Why it matters
The new rule could impact tens of millions of workers, said Heidi Shierholz, a labor economist and president of the Economic Policy Institute, a left-leaning think tank.
"For nonunion workers, the only leverage they have is their ability to quit their job," Shierholz told CBS MoneyWatch. "Noncompetes don't just stop you from taking a job — they stop you from starting your own business."
Since proposing the new rule, the FTC has received more than 26,000 public comments on the regulations. The final rule adopted "would generally prevent most employers from using noncompete clauses," the FTC said in a statement.
The agency's action comes more than two years after President Biden directed the agency to "curtail the unfair use" of noncompetes, under which employees effectively sign away future work opportunities in their industry as a condition of keeping their current job. The president's executive order urged the FTC to target such labor restrictions and others that improperly constrain employees from seeking work.
"The freedom to change jobs is core to economic liberty and to a competitive, thriving economy," Khan said in a statement making the case for axing noncompetes. "Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand."
Real-life consequences
In laying out its rationale for banishing noncompetes from the labor landscape, the FTC offered real-life examples of how the agreements can hurt workers.
In one case, a single father earned about $11 an hour as a security guard for a Florida firm, but resigned a few weeks after taking the job when his child care fell through. Months later, he took a job as a security guard at a bank, making nearly $15 an hour. But the bank terminated his employment after receiving a letter from the man's prior employer stating he had signed a two-year noncompete.
In another example, a factory manager at a textile company saw his paycheck dry up after the 2008 financial crisis. A rival textile company offered him a better job and a big raise, but his noncompete blocked him from taking it, according to the FTC. A subsequent legal battle took three years, wiping out his savings.
-via CBS Moneywatch, April 24, 2024
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Note:
A lot of people think that noncompete agreements are only a white-collar issue, but they absolutely affect blue-collar workers too, as you can see from the security guard anecdote.
In fact, one in six food and service workers are bound by noncompete agreements. That's right - one in six food workers can't leave Burger King to work for Wendy's [hypothetical example], in the name of "trade secrets." (x, x, x)
Noncompete agreements also restrict workers in industries from tech and video games to neighborhood yoga studios. "The White House estimates that tens of millions of workers are subject to noncompete agreements, even in states like California where they're banned." (x, x, x)
The FTC estimates that the ban will lead to "the creation of 8,500 new businesses annually, an average annual pay increase of $524 for workers, lower health care costs, and as many as 29,000 more patents each year for the next decade." (x)
Clearer explanation of noncompete agreements below the cut.
Noncompete agreements can restrict workers from leaving for a better job or starting their own business.
Noncompetes often effectively coerce workers into staying in jobs they want to leave, and even force them to leave a profession or relocate.
Noncompetes can prevent workers from accepting higher-paying jobs, and even curtail the pay of workers not subject to them directly.
Of the more than 26,000 comments received by the FTC, more than 25,000 supported banning noncompetes.
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there are a lot of evil people in the world and a lot of darkness in the world and so it’s very important for me to stress that now more than ever is the time to spread kindness and compassion. combat the evil by not only not partaking in it, but actively refuting it. destroy the notion that being compassionate or generous or kind to someone is uncool or embarrassing or even scary. be the change you want to see. start a chain reaction. positivity only breeds more positivity. do an act of kindness for someone so that that person who is too afraid to do it themselves can see you, realize that they’re not alone, and perhaps sheepishly follow your example. and then the next person who is too afraid but sees that person can do the same. when bad news comes out about bad people or horrible atrocities in the world it’s such an easy impulse to despair, and obviously it’s important to feel what you need to feel. grieve. be angry. be sorrowful. be empathetic. but dust off your pants and get up and be a part of a chain reaction that, no matter how small the scale, and spread compassion and love and care. all the reasons why you might not—“it’s hard! it’s scary! people will make fun of me! it’s useless because there’s too much evil!” are all grade A arguments as to why you should. you have no idea how many people you could inspire to do the same. even if it doesn’t get you anyway far, you can at least say you have the nobility of trying. please choose love and please choose life. you are worth loving and you are worth inspiring others to love
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KIM KITSURAGI - “Is that. My kineema.”
COMPOSURE [Medium: Success] - Something in him is about to break, *big time*.
EMPATHY - And it’s not going to be pretty, do something!
- DRAMA [Formidable] - Everything is fine!
- “Sure is.”
DRAMA [Formidable: Failure] - Surely he’s aware that he’s not the *only* person in the world who owns a Kineema?
YOU - “Is it really *yours*? I mean, plenty of people have their own Kineemas, right? Like working men, government offices, uh, firefighters I guess, maybe even animal control people? Exactly! A million different people who could’ve driven it into the uh…”
DRAMA - Pause, my liege! Ixnay on the Ineemakay!
YOU - “It could even be our *mysterious* joyrider!”
KIM KITSURAGI - Your frenzied babbling falls deaf to the lieutenant's ears. Instead, he approaches the broken vehicle, sunken in the ice. He moves with a caution and gentleness you haven’t seen him display before.
INLAND EMPIRE - It must be cold and lonely down there, in the icy water. Maybe he could sense its sorrow, calling to him…
PERCEPTION (SIGHT) [Easy: Success] - His hands, which are always stiffly placed behind his back, are trembling.
ENDURANCE - This is the shuffle of a tired, tired man.
HALF LIGHT - He’s going to do something drastic because of you. Oh god, terrible! You’re a terrible liar! You can’t look at this, you just can’t!
VOLITION [Formidable: Success] - It's not *you* who drove his kineema into the sea. You have plenty of faults, but this one is decidedly not yours.
KIM KITSURAGI - He kneels down with his head bowed, casting his face in shadow. He plants a hand on the ice to stabilize himself, squinting to get a better view of the motor carriage. “Detective, it says ‘57’ on it.”
YOU - Sweat drips down your brow, and you feel a terrible headache coming. “Maybe our joyrider has an affinity for that number?”
LOGIC - He's not stupid, he knows that it's not that.
KIM KITSURAGI - “57.”
YOU - “What about 57?”, you brace yourself.
KIM KITSURAGI - “Precinct 57.”
YOU - You wince. “Kim, look-”
KIM KITSURAGI - “When I woke up in the Whirling-in-Rags with no memory of what happened during the days before, I've taken note that something of mine has gone missing.” He grits his teeth. "A very. Important. Something."
He runs his hands over his face, messing his already unkempt hair in the process. Regret creeps up on his features. “God. Fuck. They’re going to fire me over this, they’re not going to hear me out.”
EMPATHY - Desperation settles in the lieutenant's tone. Sadly, you find yourself in agreement, even if you don’t want it to be the truth.
YOU - “People are more valuable than machines, Kim.”
KIM KITSURAGI - “Not people like me.” He rasps.
YOU - “…”
KIM KITSURAGI - Before you can say anything more, you fail to notice the lieutenant carefully walking onto the edge of the ice. He looks over the frigid water, a dizzying blue that mirrors and distorts his exhausted face back to him.
YOU - “Kim?”
KIM KITSURAGI - Seconds pass as he looks to be contemplating something. Out of nowhere, he casually takes another step where the ice ends and the sea begins. It happens all too quick for the lieutenant to even voice a call for help— if he even wanted to — his body plunging into the cold water before your eyes.
YOU - “KIM!!!!”
uhhh bonus stuff? sorry i have swap au brainworms pfttt
(im not sure what skills kim has at the moment so rn he only has narration as his inner monologue ok whoops, i would like to keep harry as the guy who thinks in dialogue trees so im still figuring it out pfttt)
also, this was done bc i wanted to expand on these old scribbles of mine, just like an idea, i just think that he'd be having an even worse time wheezes
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A part of you was unsure how your Orc Boyfriend would react. As you pruned the bouquet of flowers in your hands, you were starting to regret your idea. It was only a few paces from the camp now, surely you could just turn back around and throw it away, right?
Flowers were something that women received typically. Maybe he would think you were insinuating something about him, or that maybe he was weaker than you thought he was-
“Love! You’re back!”
Too late for take backs now. Hiding the bouquet behind your back, you watched as your Orc Boyfriend dropped a wood chopping axe and rushed over to you. “How was your walk? Did you get what you needed?”
You weren’t sure why you thought you could hide the flowers from him. He was at least two or three feet taller than you.
He peered over your shoulder and raised an eyebrow. “What’re those for? You’ve never brought flowers back before.”
Well, now or never, you thought. Meekly, you pulled them out from behind your back and held them out to him.
Your Orc stared at you for a minute, looking you up and down in confusion. “I… Um…” Where did you even begin with this? You must look insane.
Sighing, you lowered the bouquet and looked down at the different blooms. “When humans really like each other, sometimes they give flowers. So, I picked some flowers for you.”
There was silence for a moment and you felt your face burning. You knew it, this was a stupid idea.
“You picked these… for me?” His green hand came into view, wrapping around your interlocked fingers.
You nodded, still not looking at him.
Before you could stop him, he had snatched up the bouquet and held it high above his head. He bellowed to his others in the camp: “Look here! My lovely lady brought me flowers! What have you suckers got?!”
Orcs from their various work stations looked up, growled, snarled and swatted their hands at your Orc, “get stuffed you lug!”
Your jaw hung open at your Orc's audacity, before he looked back down at you and gave you the widest grin. “I didn’t know humans did such a thing,” he admired the flowers in his hand, seemingly as big as daisies in his huge hand. “You picked these yourself?”
“Wait, you like them?”
“Why wouldn’t I like them love?” Your Orc kissed you on the forehead. “You went out of your way to get them for me.”
“It’s just… I thought… Human men don’t normally get flowers, so I thought that…”
Your Orc let out a bark of laughter, “but I’m not human, am I love?” He pulled you into his arms and squeezed you tightly. His arms were the most reassuring and calming thing at that moment.
Hugging him back, you realised that there had been nothing to be afraid of. How could you have assumed that he would have been insulted by your gift?
“Anything from you is something to be treasured.” He mumbled to you, giving you another kiss on your lips.
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