this post was submitted on 23 Apr 2024
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[–] buh@hexbear.net 56 points 2 years ago (1 children)

counterpoint: "I signed an NDA" is an easy cop out if I don't remember or don't feel like talking about what went on at previous jobs in job interviews

[–] ProfessorOwl_PhD@hexbear.net 18 points 2 years ago (1 children)

Non-competes aren't non-disclosures. Your cover story is safe.

[–] alvvayson@lemmy.dbzer0.com 31 points 2 years ago (1 children)

The poster said "now do NDAs", which is what the parent is referring to

[–] ProfessorOwl_PhD@hexbear.net 17 points 2 years ago

Yeah, I read a couple of comments before getting to this and completely forgot there was a title.

[–] toilet_wolf@lemmygrad.ml 40 points 2 years ago (2 children)

I always thought non-compete agreements were so bizarre. like why would a company get to have any say where I can work after I stop working for them lol. Same vibes as an HOA telling you what color you're allowed to paint your house or how long your grass can be

[–] SerLava@hexbear.net 24 points 2 years ago

We have the freedom to enter into contracts, tankie last-sight

[–] zed_proclaimer@hexbear.net 21 points 2 years ago

More like a HOA telling you that you can never paint a house blue again in your life, even after you move out

[–] SacredExcrement@hexbear.net 37 points 2 years ago (2 children)

This is good, but iirc I seem to recall being told in business law years back that most non competes were unenforceable in court

Still, I suppose that's 1 point for this admin, 533,256 against

[–] 420blazeit69@hexbear.net 22 points 2 years ago (1 children)

And companies kept using them anyway, because how many employees know it's unenforceable, or would be able to fight a much larger company trying to enforce it?

I'm expecting more of the same here.

[–] SacredExcrement@hexbear.net 11 points 2 years ago (2 children)

Yeah...the wording of 'nearly all' non competes being voided worries me as well. I wonder if we'll just see corporations weasel a way around this to keep using them

[–] PKMKII@hexbear.net 13 points 2 years ago (1 children)

From the official FTC release it looks like existing NCAs for senior executives are still enforceable but new ones can’t be written.

Really curious if this ruling applies to public employers as well as private.

[–] SacredExcrement@hexbear.net 4 points 2 years ago* (last edited 2 years ago)

I finally got curious and went digging, looks like public and private; at least, I don't see anything distinguishing between the two in either this text or the proposed rule

Also looks like the two conservative chairs voted against the rule lmao, shocking

Ed, I did find this in the finalized rule under part E, Sect 1 , 'Generally'

For example, the Act exempts “banks” and “persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act.” And the Act excludes from its definition of “corporation” any entity that is not “organized to carry on business for its own profit or that of its members.” The NPRM explained that, where an employer is exempt from coverage under the FTC Act, the employer would not be subject to the rule. The NPRM also explained that State and local government entities—as well as some private entities—may not be subject to the rule when engaging in activity protected by the State action doctrine.

So probably just certain contractors/researchers could still be bound by NDAs under this ruling, likely ones for government work (as mentioned below)

[–] ProfessorOwl_PhD@hexbear.net 4 points 2 years ago (1 children)

I suspect it's an exception for matters of national security, ie the MIC.

[–] SacredExcrement@hexbear.net 4 points 2 years ago (1 children)

Wouldn't that typically be an NDA, not a non-compete?

[–] ProfessorOwl_PhD@hexbear.net 4 points 2 years ago (1 children)

Generally, I'm thinking of the scientists and engineers that do the researching and designing, where it's not just that the company doesn't want them to blab about their internal secrets, but the government also doesn't want them using that knowledge for a foreign competitor.

[–] SacredExcrement@hexbear.net 4 points 2 years ago

That's a fair point

[–] regul@hexbear.net 12 points 2 years ago (1 children)

They've been unenforceable in California and New York for several years now, but I think in other states they were still valid.

[–] SacredExcrement@hexbear.net 7 points 2 years ago

I was thinking less along the lines of being outright nullified by definition, and more them not passing the basic tests, but that's good to know. Looks like a lot of other states also already had conditions outlining their use (at the bottom of that link)

[–] mkultrawide@hexbear.net 29 points 2 years ago* (last edited 2 years ago) (1 children)

I can go steal all my former clients from my prior employer now lol

EDIT: actually nevermind, that's a non-solicitation agreement which is different from a non-compete.

[–] POKEMONGOTOTHEGULAG@hexbear.net 27 points 2 years ago

not if the supreme court has anything to say about it

[–] Evilphd666@hexbear.net 11 points 2 years ago

Now that we only have a handfull of monopolies running the country....

[–] Aria@lemmygrad.ml 10 points 2 years ago

Surprised they didn't do noncompetes are binding, but the top 500 companies are exempt.

https://www.reuters.com/legal/us-labor-board-limits-gag-clauses-severance-agreements-2023-02-22/

At least the NLRB did put some limits on certain NDA/non-disparaging in severance agreements.

[–] FreudianCafe@lemmy.ml 8 points 2 years ago (2 children)
[–] Chronographs@lemmy.zip 40 points 2 years ago (1 children)

An agreement you’re forced to sign when starting a job saying that if you leave you can’t work for a competitor for x number of years.

[–] FreudianCafe@lemmy.ml 8 points 2 years ago* (last edited 2 years ago) (12 children)

So its the free market

Edit: people really cant grasp irony here

[–] Infamousblt@hexbear.net 36 points 2 years ago

Freedom is when you have to sign your rights away to make a wage

[–] TheLastHero@hexbear.net 31 points 2 years ago

free your hog and post it post-hog

[–] Rom@hexbear.net 28 points 2 years ago

Sounds like the opposite of a free market to me but what do I know

[–] 420blazeit69@hexbear.net 16 points 2 years ago

You think NDAs are a selling point for the free market?

michael-laugh

this is why "free market" is an incoherent concept

[–] zed_proclaimer@hexbear.net 4 points 2 years ago

If I put a gun to your head and made you sign yourself into slavery, that’s the free market

[–] frauddogg@lemmygrad.ml 4 points 2 years ago* (last edited 2 years ago) (1 children)

How was anyone supposed to tell you were trying to invoke irony with no kind of tone indicators or shorthand attached to your post other than insufferable rexxitor smarm? Telepathy-over-IP? /srs

[–] FreudianCafe@lemmy.ml 4 points 2 years ago (1 children)

Maybe i was the one setting the bar too high

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[–] BestBouclettes@jlai.lu 15 points 2 years ago* (last edited 2 years ago) (1 children)

It basically means you can't go work for a concurrent of your current company for a set period of time after you leave your job.

[–] FreudianCafe@lemmy.ml 4 points 2 years ago (3 children)

The free market manifesting itself

[–] LibsEatPoop@hexbear.net 30 points 2 years ago (1 children)
[–] FreudianCafe@lemmy.ml 6 points 2 years ago (1 children)
[–] keepcarrot@hexbear.net 5 points 2 years ago

Good, good👍

[–] VILenin@hexbear.net 13 points 2 years ago

Self-manifesting so hard it requires the employer to force it to happen

[–] nat_turner_overdrive@hexbear.net 10 points 2 years ago

The free market is when you're not free to work for whomever you wish

[–] kristina@hexbear.net 6 points 2 years ago

They probably did this for companies so they can take labor from others easier. Side benefit to the workers

[–] DragonBallZinn@hexbear.net 4 points 2 years ago

Fucking based.

The only way capitalism can work in any feasible way is if capitalists are doing all the competing, something capitalists promise they're all about but they historically will do anything to avoid competing as much as possible.

[–] GalaxyBrain@hexbear.net 4 points 2 years ago

So that smarmy youtube guy with puppets is illegal now?

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