New York’s governor vetoed a bill days before Christmas that would have banned noncompete agreements, which restrict workers’ ability to leave their job for a role with a rival business.
Gov. Kathy Hochul, who said she tried to work with the Legislature on a “reasonable compromise” this year, called the bill “a one-size-fits-all-approach” for New York companies legitimately trying to retain top talent.
“I continue to recognize the urgent need to restrict non-compete agreements for middle-class and low-wage workers, and am open to future legislation that achieves the right balance,” she wrote in a veto letter released Saturday.
The veto is a blow to labor groups, who have long argued that the agreements hurt workers and stifle economic growth. The Federal Trade Commission had also sent a letter to Hochul in November, urging her to sign the bill and saying that the agreements can harm innovation and prevent new businesses from forming in the state.
Why do these companies never get it? You want to retain talent… you gotta pay to retain that talent.
More accurately, you want your experienced and proprietary-knowledge-laden people to not take that stuff elsewhere…. Gotta pay them what they’re worth.
Can’t keep lowballing the pay raises, and expect people to not shop around,
He who lives by the free market shall die by the free market
He who lives by the free market will manipulate the free market to his advantage at the first opportunity to not have to actually live by the free market.
Free market for me not thee
Why do these companies never get it? You want to retain talent… you gotta pay to retain that talent.
Oh, no, that fact is exactly what they pull shit like this. They HATE that fact and will pull any underhand tactic to fight back against it. Noncompetes, union busting, collusion, monopoly building, whatever it take to pay their employees the least amount possible.
You picked the wrong side, Governor.
Why can’t they retain top talent by paying them more?
But how would that benefit the shareholders? You’re not thinking like a true capitalist!
And this is one of the reasons top tech talent stays in Silicon Valley / San Francisco, and why that area innovates so quickly.
If your company sucks, I’ll work for your competitor.
They don’t have non compete clauses over there?
Nope, CA doesn’t recognize non-competes.
Wow, surprising that tech is mostly there then!
It’s the employees starting up their own stuff. Non competes have been used as a cudgel to stop competition for decades.
Surprising? It means salaries are high and true talent can get rewarded. Doesn’t mean they won’t be stupid corp BS factories too, but at least you get paid for your efforts.
No, surprising that the business would establish themselves there if they can’t have
NDAsnon compete clauses.Non competes, are not NDAs. But even beyond that people should recognize that businesses in the end will go where they must to hire the folks they need to get the job done. They might throw a temper tantrum or two along the way about having to pay people or why can’t they have non compete slaves, or what do you mean you won’t come to the office, but in their own interests of making money they will eventually go where they must.
Sorry, just a mistake on my part because of morning brain.
Well, think about it.
There’s a history of innovation in the area, and all its people in the area are supportive of that both in teens of material, financial & knowledge.
Further, the lack of non-compete means lawyers have to provide reasonable evidence of damage by an escaped employee working for a competing firm, versus the much easier “hey! They escaped in a way we don’t approve of!”
Want to make $400,000/year without a bachelor’s degree? You can do it in Silicon Valley.
legitimately trying to retain top talent
“Trying to figure out how to pay their talent less”
How are contracts like this enforceable in the US? Like here you could have a clause like that but the moment you try to sue someone for working at a competitor the judge would just laugh at you and throw your ass out of court. You can’t have just anything in a contract, just like if a contract breaks employment laws then it’s not valid.
Most contracts have a severability clause saying if any clause is unenforceable then that clause shall be severed, but the rest stands. This lets companies take some big swings with what they put in there.
It takes time and money and stress for a worker to challenge any terms regardless of their merit. So an invalid contract still keeps you down, just not as strongly as the invalid contract itself claims to be.
They are rarely enforced and when they are it is usually due to some sort of significant financial loss the company suffered. Normally a company is not going to waste time and money taking a cook or cashier to court over quitting a job at McDonald’s then going to work Burger King. But a senior software engineer working at Google going to work for Apple could have some real financial implications, so they’d be more likely to pursue legal action against that person. Still kinda bullshit in my mind but I get it.
Yeah but California has already banned non-competes, has for years, and Google and Apple seem to be doing just fine with the financial implications.
Also non-competes are different from NDAs.
There’s still protections. Apple just got rocked for stealing the entire dev team from somewhere and just wholesale copying the code. Which is on Apple, not the worker. They could absolutely have taken them for an adjacent project (it was sensors in smart watches) using the same sensors. Or paid a licensing agreement for what was there with a right to improve it.
But a senior software engineer working at Google going to work for Apple could have some real financial implications
No, unless you mean something quite different than that title. A large company will have hundreds or even thousands of senior software engineers, and it’s really not something that should be restricted with non-competes
To be valid, a non-compete should:
- be subject to contract law, not just imposed
- include recompense
- not prevent you from getting a job
- be narrowly tailored (ie, not prevent someone from working)
- limited duration
- can only apply to a few where the impact can be described or quantified: founders, executives, celebrities, top sales people with same customers
There are states like California and Colorado that don’t recognize non-competes. Remember it’s a union.
Thank god for states with half a brain. Non-competes are illegal in my state and not enforceable.
In my country non-compete laws are extremely rational: if you want to enforce such a contract, pay the person what he could make at a competitor during the entire duration you want to prevent him from going to the competition.
It’s not up to the State to pay unemployment for people because you don’t want talent to go somewhere else. Pay up or STFU.
Idiot employers will still put silly non-compete clauses into their contracts to scare people but I just chuckle as they are unenforceable unless they want to pay me to stay “on the beach”.
Any chance of overturning the veto?
Asshole.
Related. My previous employer had a b2b non-compete. The clients couldn’t hire me. Yes it did end up costing me a job and a lawyer told me it would be very dicey challenging it the way it was written. On the plus side the client went bankrupt a few months back so that would have sucked.
From this photo, this woman looks like the baddie from Men In Black 2.
Hope they have votes to overrule her veto.
The funny thing is then the rich companies spends millions on lawyers to say that poached employee’s stuff was common knowledge and thereby not an NDA issue or trade secret.
You turn around and say I’m leaving but will say the same stuff that person said to the next employer and they’ll sue with the same lawyers.
“It’s ok if I do it but not if they do it”
Aren’t non competes generally very difficult to enforce? The people I’ve known that have gotten in trouble with non compete agreements are those in management positions that engaged in very active poaching of their old teams within a specified time frame.
Also, given the nature of remote work and hiring, I kind of have a mixed feeling. What does this kind of state regulation in a VHO/WFH environment do to NY workers in a job market with flexible location? These regulations really should be at the federal level.
If I could just leave my current company and go to a different company that did the same thing it would be good for me if I wanted to move or make more money. The other company would probably not really make that much money.
