sets a dangerous precedent where the government knows better than the markets
Wtf. You could say this about literally any law. Outlawing murder-for-hire sets a dangerous precedent where the government knows better than the markets. Making people pay income tax sets a dangerous precedent where the government knows better than the markets. Speed limits set a dangerous precedent where the government knows better than the markets. What a terrible argument.
Under employment laws you can quit basically at any time with given notice and you can apply to any job no matter who you are or what you did before. The non compete clauses are always part of the employment contract. Usually, what’s in the contract is binding, but: there’s things that might be voided upon examination. Here things like consideration and unconscionability come into play. I assume this clause would be ruled unconscionable against employment laws, therefore the clause is basically removed from contracts after the fact and precedent allows for it to be voided upon future use.
employment laws > contract law. That’s all it boils down to I assume, just what weighs more.
A lot of European countries allow only very limited non compete clauses or none at all. Moving in that direction is not really without precedent, so there’s your legal argument.
Also obligatory IANAL, if you think I’m wrong and you got sources, please correct me. I wanna learn what I don’t know.
I think we are talking about two different things. I was mainly asking for legal reason for the judge's injunction, looks like it is not a ruling but a stall tho.
She will rule later. That's what I was getting, what is the reason to disagree for the judge here.
I think you described how employment law works correctly though. non compete clause is hard to enforce in many places and for most jobs maybe save of some super red states.
But I also don't think that is their primary goal either, I would posit the goal is to "send a message" or "chill employees will to shop for work"
The court found that the FTC’s effort to implement the rule likely exceeds its congressional authorization under the FTC Act and constitutes an arbitrary and capricious approach to the issue of regulating non-competes.
Rather than issue a nationwide injunction barring enforcement of the rule across the country, the court’s ruling is limited to the parties in the case.
The court intends to issue a final ruling on the merits by August 30, 2024, before the FTC rule is set to go into effect. The court’s subsequent ruling may prevent the ultimate implementation of the rule on a national level.
So basically If I understand this correctly, the court is slapping the FTC for jurisdiction and saying “until further ruling Ryan LLC can legally use their non compete clauses”.
So the judge has a vague notion to rule against the FTC but it’s not clear if they do or if it’s gonna have national consequences, as this could just as well be a case specific ruling.
So yeah, the indicators lean a little bit towards non competes staying legal, but we’re still way out from knowing what will happen.
No kidding. Even regular staunch capitalists recognize that regulation is sometimes necessary. Regulation against anti-competitive practices exists because a market left to its own devices will devolve into monopolies that will be much less efficient than a competitive market. Non-competes are just employers establishing monopolies over their workforce.
It’s been continuous since colonial times. It’s an unbroken thread from “indentured servitude” and “slavery,” to “sharecropping” and “vagrancy”/“convict leasing,” to “non-compete agreements” and prison labor being managed by prisons directly (instead of having inmates leased out).
To be fair, I wasn’t entirely happy with my comment either. There was something missing, and I just figured out what it was.
Along with “sharecropping” I should’ve mentioned “sweatshops,” and along with “non-compete agreements” I should’ve mentioned anti-union laws like “right-to-work” and “at-will employment.”
People always hide in regular vehicles. Why not just do a U-hail absolutely filled with shit. And waaay at the front where it would take an hour to get to, have a suitcase with it vacuum sealed inside.
A cross country uhaul explains a lot of shitty driving behaviors, and it’s almost impossible to speed.
Or are people already doing that and just not getting caught?
Not everyone was a fan of the non-compete ban, this year or last. Republicans and other proponents of the clauses said they help prevent trained employees and their skills from being poached by competitors.
Wah! Pay people better and treat them like real people and they won’t need to be poached.
What’s hilarious is that they don’t really do all that much training anymore.
They just hire people who already have the skills. or tell people to “figure it out”. They might pay you to go to a conference or something to improve skills… if those skills are hard to come by. It’s a cost benefit analysis, and new-hires are generally cheaper.
Beryl is a mineral. There are definitely women with the name, and there are likely some men, too (though A Boy Named Beryl doesn’t have the same ring to it).
And how much of that is minimum wage going up? Don’t get me wrong I love that. But going from 15k to 20k a year is going from drowning to clinging to a piece driftwood. The full time annual take home needs to be around 40k-50k per person with all the decades of negative real wages.
My momma raised me to have standards. I wouldn’t debase myself to getting raw dogged by only a single dick for a crunch wrap supreme. I’m worth better.
And once we’re dry, they’ll find someone else to fleece. Most likely when we ourselves can’t afford the stuff they’re forcing us to make. At that point the US will fully shift to an export economy based on slave labor that ships goods and products to nations with growing middle classes that can afford them, like China.
They definitely put way too much in each burrito. Taco bell goers will know how little they actually put in those burritos, and how not-round they end up being.
Also in the northern district of Texas. I smell some judicial venue shopping. Northern district of Texas is basically now the Mordor of the legal world.
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