U.S. bans noncompete agreements for nearly all jobs
U.S. bans noncompete agreements for nearly all jobs
U.S. bans noncompete agreements for nearly all jobs
It's almost like employment needs to be a free market with choice and dignity
Also, maybe pay and enjoyment could be reasons employees stay...
And real benefits instead of a fixed healthcare system that profits on necessity.
Wow that’s actually pretty awesome.
Punish 'em harder mommy
I wanna watch
Our supreme court is packed with corporate lackeys. As much as I love this, it'll be overturned. It is a move in the right direction - you should not be allowed to take away someone's right to move jobs.
It's been issued by the FTC. I'm not sure if the courts are the mechanism to challenge this. Maybe in implementation. But not so much in overturning the policy.
It is the mechanism. They're already suing: https://news.bloomberglaw.com/antitrust/chamber-of-commerce-sues-to-block-ftcs-non-compete-ban
A challenge to the FTC rule would ultimately lead to a potential Supreme Court case. The court is currently deciding on a case that could render render this decision moot before it ever gets that far.
It is the appropriate mechanism. It's administrative law, and is subject to judicial review of the agency's conformity with lawful rule making
https://www.law.cornell.edu/wex/chevron_deference
And SCOTUS is going to kill chevron deference later this year, which will largely destroy the administrative state and ability for federal agencies to promulgate and enforce regulations
Summary
Chevron and Skidmore deference are foundational concepts in administrative law, guiding how courts interact with administrative agency decisions.
The key difference between the two is the degree of deference accorded. Chevron provides a more robust deference when statutory language is ambiguous and the agency's interpretation is reasonable. Skidmore deference, on the other hand, is less prescriptive and more suggestive, relying heavily on the persuasiveness of the agency's rationale.
If the Supreme Court were to abolish Chevron deference, the immediate effect would be a shift in how courts review agency interpretations of law:
Don't get too excited, it's already being challenged in court and will almost certainly get struck down.
Watch how the mega corporations try and employ everyone overseas now
That would be a shocking change of behavior for them.
They've tried several times with mixed results. Countries that allow cheap labor are generally difficult to deal with and quality is a real problem. Countries with better quality tend to have better labor protection that results in more problems for the company than US employees.