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EIG American Dynamism Series | The Case for Non-compete Reform
On April 29th, the Economic Innovation Group (EIG) hosted a webinar to discuss the Workforce Mobility Act [1], recently reintroduced bipartisan legislation from U.S. Senators Chris Murphy (D-CT) and Todd Young (R-IN), that would limit the use of non-compete agreements that curtail worker mobility, stem wage growth, and stifle entrepreneurship and innovation.
Today, around 20 percent of American workers are covered by a non-compete agreement. Non-compete agreements have negative effects on all workers but are especially damaging for historically marginalized workers. When enforced, non-competes lower wages for female and nonwhite workers by twice as much as for white male workers.
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UPDATE (4-5-21): The D.C. law is “effective” as of March 21, 2021 but will not be “applicable” until the Fall of 2021.
Here are the details: There has been confusion over when compliance with the new D.C. law will be required. The uncertainty is caused by the presence of both the terms “effective date” and “applicability date” in the new law without explaining their meanings. The “effective date” is the date the bill became law under the terms of the District’s home rule law – a process explained in this article. The new Act became “effective” on March 21, 2021. The “applicability date” is different, however. The Act states in Section 302 that it will not become applicable until “the date of inclusion of its fiscal effect in an approved budget and financial plan” for the District – a requirement imposed by another D.C. law. Because the financial impact of the new law was not included
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Noncompetition agreements are common tools used by employers to prevent former employees from unfairly competing against them. Traditionally, many states have allowed employers to require employees to sign noncompetes as long as they were reasonable in scope and protected an employer’s legitimate business interests. In turn, employers often required every employee to sign a noncompete even when it was unlikely that certain employees, particularly those in lower-wage positions, really posed much of a future competitive threat. In recent years, in response to the overuse of noncompetes by employers, several states have passed legislation limiting their use – with the trend most acutely taking hold in the area surrounding Washington, D.C. Is the activity in the DMV an anomaly, or does it demonstrate the larger national picture?
The More Things Change: Congress Reintroduces The Workforce Mobility Act - Government, Public Sector mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.