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FTC just announces facially unconstitutional action

Posted on 4/23/24 at 3:14 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99824 posts
Posted on 4/23/24 at 3:14 pm
Declares non-competition clauses/agreements illegal. As of right now, the government has just impaired millions of contracts, not even as the result of a fricking law passed by Congress.

Unconstitutional on its face.

Expect an injunction very soon.
This post was edited on 4/23/24 at 3:15 pm
Posted by Indefatigable
Member since Jan 2019
27461 posts
Posted on 4/23/24 at 3:17 pm to
The overreaching administrative state marches on.
Posted by YumYum Sauce
Arkansas
Member since Nov 2010
8343 posts
Posted on 4/23/24 at 3:25 pm to
How are private equity groups going to structure their deals with owners now? Or any buyouts for that matter.
Posted by BBONDS25
Member since Mar 2008
49043 posts
Posted on 4/23/24 at 3:27 pm to
quote:

Declares non-competition clauses/agreements illegal. As of right now, the government has just impaired millions of contracts, not even as the result of a fricking law passed by Congress.


This is a state law issue. The states will just ignore this silliness.
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47968 posts
Posted on 4/23/24 at 3:29 pm to
quote:

Declares non-competition clauses/agreements illegal.


Posted by jcaz
Laffy
Member since Aug 2014
15922 posts
Posted on 4/23/24 at 3:29 pm to
quote:

Unconstitutional on its face.

I missed the part where this is in the Constitution.
Lawsuits will have to be filed for an injunction, right?
Posted by GumboPot
Member since Mar 2009
119558 posts
Posted on 4/23/24 at 3:34 pm to
quote:

Declares non-competition clauses/agreements illegal.


So now I can moonlight doing the same service with personal customers that I provide my employer with no consequences?
Posted by 19
Flux Capacitor, Fluxing
Member since Nov 2007
33288 posts
Posted on 4/23/24 at 3:38 pm to
I've refused every no-compete clause shoved in my face since 2005.
However,
The pussies that signed em should be forced to live by them, just like all you student-loan-ridden-tranny-studies-degree-genderfroot-grads.

FTC,


Posted by Timeoday
Easter Island
Member since Aug 2020
9576 posts
Posted on 4/23/24 at 4:34 pm to
We can not get CHEVRON over-turned soon enough.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67297 posts
Posted on 4/23/24 at 4:42 pm to
I have a few takes on this:
1. This is a clear overreach of the FTC’s authority. With that said, it could be argued that non-compete clauses which extend across state lines could be interpreted as impediments to interstate commerce. In which case, Congress could potentially legislate rules governing them.

2. The enforceability of a non-compete clause which is signed by an employee as a condition of employment should be zero, but this should be regulated at the state level.

3. Business owners should be allowed to negotiate enforceable non-compete clauses in agreements to sell land or businesses.

4. Businesses should be permitted to enforce contracts which bar former employees from soliciting clients with whom they worked at said business, but only for a designated time period. Personally, I would say no longer than 2 years, but I would leave it up to states to decide that.

5. Such a ban should not include agreements reached via collective bargaining.

6. This is nothing but a campaign hail mary to try and give Biden some pro-workers bulletin board material.
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