I hope all Dems get behind Elizabeth Warren, Chris Coons, and Ron Wyden's Workplace Mobility Act, [View all]
that would ban most non-compete agreements across the US. These are the agreements that many employees have been forced to sign, even employees in the lowest level jobs, that ban them from taking a related job in another company for a period of time after leaving employment. It reduces competition and wages for employees.
California enacted legislation banning non-competes and it has had no negative impact on its economy.
https://www.tradesecretslaw.com/2018/05/articles/legislation-2/democratic-u-s-senators-seek-to-abolish-non-compete-agreements/
Democratic U.S. Senators Elizabeth Warren (D-MA), Chris Murphy (D-Conn.), and Ron Wyden (D-Ore.) introduced legislation on April 26, 2018, entitled the Workforce Mobility Act (WMA). Although the text of the WMA is not yet available, according to various press releases, it would prohibit the use of covenants not to compete nationwide. In Senator Warrens press release announcing her co-sponsorship of the bill, Senator Warren stated that [t]hese clauses reduce worker bargaining power, stifle competition and innovation, and hurt Americans striving for better opportunities. Im glad to join Senator Murphy to put an end to these anti-worker, anti-market agreements.
Not only would the WMA abolish covenants not to compete nationwide, but it would also provide the Department of Labor (DOL) with broad enforcement power. If enacted, the legislation would empower the DOL to enforce the ban through fines on employers who either fail to notify employees that non-compete agreements are illegal or who require employees to sign covenants not to compete.
The bills sponsors have stated that the WMA does not impact an employers ability to protect its trade secrets. As currently drafted, the WMA does not abrogate the scope of protections provided by the Defend Trade Secrets Act.
Upon introduction by Senator Murphy, the WMA was referred to the Senate Committee on Health, Education, Labor and Pensions. This is the second time Senator Murphy has introduced legislation banning non-compete agreements. In 2015, Senator Murphy co-sponsored bill entitled the Mobility and Opportunity for Vulnerable Employees Act or the MOVE Act. If the MOVE Act had been signed into law, it would have prohibited employers from requiring low-wage employees to enter into covenants not to compete and required employers to notify potential employees at the beginning of the hiring process of any requirement to enter into a non-compete agreement. Despite support from the Obama administration, the MOVE Act never made it past the Committee. The WMA is even broader and more restrictive.
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