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From the article...
The FTC’s three Democratic members were in favor of adopting the regulation, while its two Republican members were against it.
... and ...
The FTC’s rule does not include a salary threshold, but it has an exception for noncompetes when a business is sold.
The final rule also allows existing non-competes to be enforced for senior executives. But all other such contracts would be rendered unenforceable when the rule is implemented
The FTC’s three Democratic members were in favor of adopting the regulation, while its two Republican members were against it.
Not surprising in the least. Of all the Republican hypocrisy their attitude towards workers using their value to increase their earnings is one of the worst. They claim that they support self reliance and building yourself up, but stuff like this shows that it's clearly a lie. They support businesses maximizing their earnings by charging what the market will bear, but as soon as a worker tries to do the exact same thing they lose their God damn minds.
The Republicans would reinstate child labor and child marriage in a heartbeat if they could get away with it. In fact, they do get away with it in some of their states.
Now do arbitration agreements in employment contracts. Good luck arguing that the employer is still enforcing non-competes, when you have to do it in confidentiality through an arbitration provider your employer has already pre-selected.
Do NDAs used to cover up illegal shit, too. Settlements shouldn't be able to include anything to make the settlement or circumstances around it secret. It just enables them to continue doing what they were doing to others.
An NDA cannot be used to stop you from reporting a crime to the police or filing a lawsuit.
Yes, but it can be used to prevent you from informing other people being exploited by the other party about how you fought them and how it worked out for you. In theory anyways, I'm not aware of any cases where such an NDA was breached and a lawsuit resulted. The Streisand effect might actually prevent some companies from following through and they hope the presence of the NDA is enough of a deterrent. Or maybe the courts are liberal with gag orders about such cases.
If other people are being exploited, they need a lawyer. A lawyer will have much better advice than you on how to fight back.
If you know other people are being exploited, nothing stops you from suggesting they get a lawyer. And if you have relevant evidence, a lawyer can subpoena it even if it's under NDA.
LOL. "Excuse me sir. It looks like you're about to be homeless. You could really use a lawyer right now. Why don't you come up with 20k for a retainer instead?"
Actually, in many cases courts have permitted employers to compel arbitration even against civil RICO claims.
Arbitrators can't issue injunctions (ie they can't order you not to work somewhere), so they don't really have any way to enforce a non-compete.
You're missing the point. Getting a court to review an arbitrator's decisions can be extremely challenging. And actually arbitrators can issue injunctions in many cases. What your'e thinking of is likely if they can compel arbitration themselves on an injunction you file in court.