228
Now do NDAs. (hexbear.net)
submitted 2 months ago by LibsEatPoop@hexbear.net to c/news@hexbear.net
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[-] buh@hexbear.net 56 points 2 months ago

counterpoint: "I signed an NDA" is an easy cop out if I don't remember or don't feel like talking about what went on at previous jobs in job interviews

[-] ProfessorOwl_PhD@hexbear.net 18 points 2 months ago

Non-competes aren't non-disclosures. Your cover story is safe.

[-] alvvayson@lemmy.dbzer0.com 31 points 2 months ago

The poster said "now do NDAs", which is what the parent is referring to

[-] ProfessorOwl_PhD@hexbear.net 17 points 2 months ago

Yeah, I read a couple of comments before getting to this and completely forgot there was a title.

[-] toilet_wolf@lemmygrad.ml 40 points 2 months ago

I always thought non-compete agreements were so bizarre. like why would a company get to have any say where I can work after I stop working for them lol. Same vibes as an HOA telling you what color you're allowed to paint your house or how long your grass can be

[-] SerLava@hexbear.net 24 points 2 months ago

We have the freedom to enter into contracts, tankie last-sight

[-] zed_proclaimer@hexbear.net 21 points 2 months ago

More like a HOA telling you that you can never paint a house blue again in your life, even after you move out

[-] SacredExcrement@hexbear.net 37 points 2 months ago

This is good, but iirc I seem to recall being told in business law years back that most non competes were unenforceable in court

Still, I suppose that's 1 point for this admin, 533,256 against

[-] 420blazeit69@hexbear.net 22 points 2 months ago

And companies kept using them anyway, because how many employees know it's unenforceable, or would be able to fight a much larger company trying to enforce it?

I'm expecting more of the same here.

[-] SacredExcrement@hexbear.net 11 points 2 months ago

Yeah...the wording of 'nearly all' non competes being voided worries me as well. I wonder if we'll just see corporations weasel a way around this to keep using them

[-] PKMKII@hexbear.net 13 points 2 months ago

From the official FTC release it looks like existing NCAs for senior executives are still enforceable but new ones can’t be written.

Really curious if this ruling applies to public employers as well as private.

[-] SacredExcrement@hexbear.net 4 points 2 months ago* (last edited 2 months ago)

I finally got curious and went digging, looks like public and private; at least, I don't see anything distinguishing between the two in either this text or the proposed rule

Also looks like the two conservative chairs voted against the rule lmao, shocking

Ed, I did find this in the finalized rule under part E, Sect 1 , 'Generally'

For example, the Act exempts “banks” and “persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act.” And the Act excludes from its definition of “corporation” any entity that is not “organized to carry on business for its own profit or that of its members.” The NPRM explained that, where an employer is exempt from coverage under the FTC Act, the employer would not be subject to the rule. The NPRM also explained that State and local government entities—as well as some private entities—may not be subject to the rule when engaging in activity protected by the State action doctrine.

So probably just certain contractors/researchers could still be bound by NDAs under this ruling, likely ones for government work (as mentioned below)

[-] ProfessorOwl_PhD@hexbear.net 4 points 2 months ago

I suspect it's an exception for matters of national security, ie the MIC.

[-] SacredExcrement@hexbear.net 4 points 2 months ago

Wouldn't that typically be an NDA, not a non-compete?

[-] ProfessorOwl_PhD@hexbear.net 4 points 2 months ago

Generally, I'm thinking of the scientists and engineers that do the researching and designing, where it's not just that the company doesn't want them to blab about their internal secrets, but the government also doesn't want them using that knowledge for a foreign competitor.

[-] SacredExcrement@hexbear.net 4 points 2 months ago

That's a fair point

[-] regul@hexbear.net 12 points 2 months ago

They've been unenforceable in California and New York for several years now, but I think in other states they were still valid.

[-] SacredExcrement@hexbear.net 7 points 2 months ago

I was thinking less along the lines of being outright nullified by definition, and more them not passing the basic tests, but that's good to know. Looks like a lot of other states also already had conditions outlining their use (at the bottom of that link)

[-] mkultrawide@hexbear.net 29 points 2 months ago* (last edited 2 months ago)

I can go steal all my former clients from my prior employer now lol

EDIT: actually nevermind, that's a non-solicitation agreement which is different from a non-compete.

[-] HexBroke@hexbear.net 28 points 2 months ago

I can go steal all my former clients from my prior employer now lol

Actual free market

porky-scared-flipped not like this!

[-] mkultrawide@hexbear.net 13 points 2 months ago* (last edited 2 months ago)

I actually can't do this, I forgot I have a non-solication agreement with my former employer for 2 years (meaning I can't poach clients) versus on non-compete (meaning I can't go to a competitor)

[-] DragonBallZinn@hexbear.net 8 points 2 months ago

It's funny, I can't help but think Adam Smith would come around to socialism if he saw what capitalism has become in the 21st century.

Behind every socialist is a disappointed free-market enthusiast.

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[-] POKEMONGOTOTHEGULAG@hexbear.net 27 points 2 months ago

not if the supreme court has anything to say about it

[-] Evilphd666@hexbear.net 11 points 2 months ago

Now that we only have a handfull of monopolies running the country....

[-] Aria@lemmygrad.ml 10 points 2 months ago

Surprised they didn't do noncompetes are binding, but the top 500 companies are exempt.

[-] WalrusDragonOnABike@reddthat.com 9 points 2 months ago

https://www.reuters.com/legal/us-labor-board-limits-gag-clauses-severance-agreements-2023-02-22/

At least the NLRB did put some limits on certain NDA/non-disparaging in severance agreements.

[-] FreudianCafe@lemmy.ml 8 points 2 months ago
[-] Chronographs@lemmy.zip 40 points 2 months ago

An agreement you’re forced to sign when starting a job saying that if you leave you can’t work for a competitor for x number of years.

[-] FreudianCafe@lemmy.ml 8 points 2 months ago* (last edited 2 months ago)

So its the free market

Edit: people really cant grasp irony here

[-] Infamousblt@hexbear.net 36 points 2 months ago

Freedom is when you have to sign your rights away to make a wage

[-] TheLastHero@hexbear.net 31 points 2 months ago

free your hog and post it post-hog

[-] Rom@hexbear.net 28 points 2 months ago

Sounds like the opposite of a free market to me but what do I know

[-] 420blazeit69@hexbear.net 16 points 2 months ago

You think NDAs are a selling point for the free market?

michael-laugh

[-] frauddogg@lemmygrad.ml 4 points 2 months ago* (last edited 2 months ago)

How was anyone supposed to tell you were trying to invoke irony with no kind of tone indicators or shorthand attached to your post other than insufferable rexxitor smarm? Telepathy-over-IP? /srs

[-] FreudianCafe@lemmy.ml 4 points 2 months ago

Maybe i was the one setting the bar too high

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this is why "free market" is an incoherent concept

[-] zed_proclaimer@hexbear.net 4 points 2 months ago

If I put a gun to your head and made you sign yourself into slavery, that’s the free market

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[-] BestBouclettes@jlai.lu 15 points 2 months ago* (last edited 2 months ago)

It basically means you can't go work for a concurrent of your current company for a set period of time after you leave your job.

[-] FreudianCafe@lemmy.ml 4 points 2 months ago

The free market manifesting itself

[-] VILenin@hexbear.net 13 points 2 months ago

Self-manifesting so hard it requires the employer to force it to happen

[-] nat_turner_overdrive@hexbear.net 10 points 2 months ago

The free market is when you're not free to work for whomever you wish

[-] Zuberi@lemmy.dbzer0.com 8 points 2 months ago

This just allows the fed/sec full reign to move to Goldman/etc lol

This will be horrible for fraud in America

[-] kristina@hexbear.net 6 points 2 months ago

They probably did this for companies so they can take labor from others easier. Side benefit to the workers

[-] GalaxyBrain@hexbear.net 4 points 2 months ago

So that smarmy youtube guy with puppets is illegal now?

[-] DragonBallZinn@hexbear.net 4 points 2 months ago

Fucking based.

The only way capitalism can work in any feasible way is if capitalists are doing all the competing, something capitalists promise they're all about but they historically will do anything to avoid competing as much as possible.

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this post was submitted on 23 Apr 2024
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