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.

223 points

For example, the sandwich chain Jimmy John’s previously came under scrutiny for forcing its low-wage workers to sign noncompete agreements that prevented them from working for a nearby business for two years after they left.

Jesus, they basically want slavery. They want workers to be completely dependent on them to the point that you legally can’t go work at a different sandwich shop. I’ve only eaten there once and it was mediocre, but I’ll never step foot in there again. What the fuck.

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106 points

Why the fuck do they even need a non-compete clause for a sandwich shop? Are they worried people are going to reveal their secret Jimmy Johns technique for putting salami on bread to Subway?

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51 points

The myth of the non-skilled worker isn’t working in their favor here.

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-1 points
*

I think everyone deserves a living wage, and the jobs can certainly be tough, but comparably speaking, do you really think these are not low skill jobs?

It’s almost certain he’s trying to stop people being lured away by more favorable terms, like better pay, benefits, or shifts, not because he thinks he’s losing skills to some other company.

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34 points

It’s legal for them to do so, and if employees can’t go to a competitor, it has the effect of depressing wages.

Non-compete clauses make sense for certain higher level employees (and usually involve some sort of garden leave payment too) but corporate America has started to slip all sorts of bullshit into standard employment contracts just because they can.

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16 points

I don’t even think it makes sense for them anymore. You either retain them with pay and job satisfaction or not. This idea that corporations can own experience is bullshit.

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5 points

It’s not just to depress wages, preventing worker mobility also lets you abuse them in other ways like rotating schedules (which also prevent workers from holding multiple jobs or going to school), bad work environments and wage theft.

It’s not surprising that companies are increasingly abusing the workforce, it’s surprising that workers haven’t started organizing to fight back.

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11 points

I mean you joke, but that actually happened by me lol

There is a hero shop that is well known for specific heros they make that are really good, so after they fired a guy who worked there for years and years he opened his own shop and took all their recipes plus added pizza. (He also hired someone to make pizza and then fired him after he learned how to do it. He’s just a scumbag lol)

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2 points

Did you mean gyro🥙?

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2 points

It isn’t about need, but about want. Every extra notch of control they can get over workers employment opportunities, they want.

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18 points

Fun fact, there are franchise owners for all the big names that do this. McDonald’s, Pizza Hut, etc. It’s not usually a corporate decision.

Related, there are chains that won’t hire from each other. They maintain a gray list of previous employees and you can only get hired back at your original location.

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4 points

McDonald’s et al corporate level don’t care if franchisees do this? I mean, I can see them not caring…but I could also see them trying to score social points by pretending to care and claiming they disallow it.

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1 point

They don’t even pretend.

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15 points

Ah yes, workers might take those precious trade secrets of (checks notes) how to make a sandwich.

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8 points
*

Not slavery, serfdom.

Which is technically better then slavery for the serfs, but conveniently is also significantly cheaper for the landed gentry/capital class as they don’t have to feed or house their serfs.

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3 points

I thought it was a federal law, but it might just be in my state, but I thought for a non-compete to be valid, the employee has to be compensated for it?

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3 points

I don’t know of any circumstance where you would be specifically compensated for a non-compete, but in my state they aren’t valid unless you make a certain base compensation, which is currently about $125k/year.

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3 points

Why do you think political bribery is so rampant and expected in the US?

Our politicians are almost exclusively paid middle managers for the owners. DC works for Manhattan and Silicon Valley.

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1 point

Where are the conservatives acreaming ‘if you dont like your job get a better one!!’?

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174 points

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,

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64 points

Sure they can, so long as they can ensure they have a high-placed government stooge or two to ensure they can legally blacklist an employee from the industry if they leave.

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15 points

He who lives by the free market shall die by the free market

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49 points

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.

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Free market for me not thee

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8 points

Bingo. Letting people get strong armed into these sorts of “agreements” is a perversion of free markets.

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8 points

That’s the thing though. They don’t want to best talent. That is the point. You have to pay for talent. Talent tends to rock the boat and has the power to spark change because the company becomes reliant on them.

Most companies are completely fine paying much less for mediocre workers who will keep their head down and deliver a mediocre product where the execs get a way better profit margin and can perpetuate toxic systems.

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6 points

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.

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144 points

companies legitimately trying to retain top talent

Basically blacklisting them from their field for a year after leaving your company is not how you retain talent. Pay them better. Give them better health coverage or other benefits. Only being able to retain talent by basically threatening them if they leave is not a good look.

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60 points

knew a guy who crossed out those bits in the agreement. they HR peeps never noticed until he found a new place to work. (he now works for our company.) It amazes me; how many people fail to realize every contract is unique.

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8 points
*

A modification like that is only valid if both parties add their initials next to it to confirm they’ve seen it…

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11 points
*

Nope. You just sign a contract without reading it, that’s on you.

Or did you think them being pushy while you actually read it wasn’t because they never ever try to sneak something in?

To clarify, you can’t add something way out of the pale, like “upon termination of this contract all assets of [whatever corpo] belong to FuglyDuck”… but you can definitely cross out terms you don’t ageee with (for example, the arbitration clause.)

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125 points
*

Cute how she’s being likely being paid under the table by some lobbyists that benefits from said non-compete agreements. And even if not under the table, it’s likely under the form of campain contributions, etc. Politics and capitalism mixed together brings the worst in both.

Nobody in their right mind would elect to veto something giving more rights to the working class without having some personal interests on the line.

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-68 points

You have a source for that?

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59 points
*

Hence the reason why I chose the likely being paid qualifier.

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-48 points

“I’m just asking questions!”

If you don’t understand the power that words hold then maybe don’t use them with such conviction.

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-60 points
Deleted by creator
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28 points
-26 points

I understand what lobbying is, but thank you for the info. This doesn’t relate specifically to this person, though. OP says they are likely taking money and i asked for a reason to suspect this person in particular unless the argument is just “they all do it” in which case it wouldn’t be “likely”.

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-1 points
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-6 points

deez

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93 points

You picked the wrong side, Governor.

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