Tuesday, December 10, 2019

Let My People Go: Slow Wage Growth and No-Compete Agreements


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Since 2010, labor market have steadily improved. Today unemployment is at historic lows—about 3.5%. But wage growth is a tad over 3%, and inflation is 1.8%.
Don’t spend your 1.2% pay raise in one purchase, please.
There is no single explanation—but check out this story from the Cincinnati Enquirer:
A young woman who works as a home health care aide called me about a threatening letter she received from a law firm. The letter said she violated a non-compete agreement when she left her $11-per-hour job to take a similar job with another company for $13.50 per hour. She didn’t remember signing such an agreement, but she was scared by the letter and its threat of legal action. Sure enough, among the many documents she signed after being hired was a page saying that she would not go to work for a competing company in the surrounding area for a year after leaving her job.
Late last week, a progressive think tank issued a report. Based on survey data, the group estimates that 36 million workers (out of about 146 million) have signed no-compete agreements, similar to the low-wage worker above.
An antitrust lawyer shared the following memo with me. In sum:
“We, the Attorneys General of Minnesota, California, Delaware, District of Columbia, Illinois, Iowa, Maine, Massachusetts, Maryland, Michigan, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin write to the Federal Trade Commission (FTC) to urge it to use its rulemaking authority to bring an end to the abusive use of non-compete clauses in employment contracts  
Non-compete clauses also burden businesses seeking to hire workers or enter a market. Restricting worker movement benefits only the employer seeking to prevent employees from leaving without that employer offering incentives to stay besides potential legal action to enforce a non-compete. In this way, non-compete clauses inhibit innovation and may actually drive consumer costs up by suppressing competition from rival businesses.”
If you are an employer who has forced low-wage, low-skill employees to sign a no-compete clause, stop this.
If you go to court to enforce your agreement, you will lose. Don’t bully your workers: If you cannot match a pay raise, let your people go.
Credit and thanks to Zak. 😊

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